“The fact that an adult child is undertaking educational studies may constitute “other cause” within the meaning of s. 2(1) of the Divorce Act. In Menegaldo, at para. 157, Chappel J. summarized several factors that courts have considered in answering the question of whether an adult child pursuing post-secondary educational programs remains a child of the marriage:
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- Whether the child is in fact enrolled in a course of studies and whether it is a full-time or part-time course of studies.
- Whether the child has applied for or is eligible for student loans or other financial assistance, or has received any bursaries or scholarships, and if so, the amounts received.
- The ability of the child to contribute to their own support through part time employment.
- Whether the child has a reasonable and appropriate education and career plan, or whether they are simply attending an ongoing educational program because there is nothing better to do.
- In reviewing the child’s education and career plan, important factors include the nature and quality of the plan, the duration of the proposed study period, the prospects of the child succeeding in the program, the potential benefit of the studies and the associated cost of the course of study.
- The child’s academic performance, and whether the child is demonstrating success in the chosen course of studies.
- The age, qualifications and experience of the child.
- The aptitude and abilities of the child, their level of maturity and commitment and their sense of responsibility.
- Whether the child is performing well in the chosen course of studies.
- What plans the parents made for the education of their children, particularly where those plans were made during cohabitation. In considering this factor, the court should bear in mind that reasonable parents are ordinarily concerned about treating each of their children comparatively equally.
- The means, needs and other circumstances of the parents and the child.
- The willingness of the child to remain reasonably accountable to the parents with respect to their post-secondary education plans and progress. If a child is unwilling to remain accountable, or has unilaterally and without justification terminated their relationship with a parent, they may have difficulty establishing that they are unable to withdraw from parental charge based on a reasonable course of post-secondary education.
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While none of these factors is determinative, the first factor – whether the child is in fact enrolled in a course of studies – is of central importance.”