Does the pursuit of postsecondary studies constitute "other cause" for a child to be unable to withdraw from his or her parents’ charge?
Ontario, Canada
The following excerpt is from Negin v. Fryers, 2018 ONSC 959 (CanLII):
In deciding whether the pursuit of a postsecondary studies amounts to “other cause” for a child to be unable to withdraw from his or her parents’ charge, consideration should be given to “… the age of the child, his or her ability, his or her past performance in previous courses, his or her determination to assist with study costs through summer employment, the means of the paying spouse and any obligation to provide for the education of other children, the plans of the parents generally with respect of further education of their children especially where these plans were formulated jointly by the spouses during cohabitation, the appropriateness of the course selected to generate future employment and also the “conduct of the parties and the condition, means and circumstances of each of them”: Whitton v. Whitton, (1989), 34 O.A.C. 31, para. 6. When did Taryn cease to be a “child of the marriage”?
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