What is the test for determining whether a child is a child of the marriage?
British Columbia, Canada
The following excerpt is from N.D.S. v D.J.L., 2017 BCSC 1690 (CanLII):
The respondent’s position that the respondent’s relationship with his minor children should be considered in determining whether the child is a child of the marriage has no support in the jurisprudence. I find all the children in this case are under the age of majority and remain financially dependent. Any child under the age of majority who remains financially dependent remains a child of the marriage. [Marsh v. Marsh, 2006 BCCA 144, para. 52.]
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