My Child Is Already an Adult — Can I Still Fight for Custody? Richmond Hill Chinese Divorce Lawyer Says Usually No

What people call “custody” in Ontario is now decision-making responsibility and parenting time, and it’s for minor children. Under the Children’s Law Reform Act, a child means under 18.

Short answer: once the child is an adult, there’s usually nothing left to fight over.

In university, no disability, able to live independently — where they live, who they see, where they travel is their own business. The court isn’t going to make a grade-school schedule for them.

A Chinese judgment said the child goes to me. Does it still count?

No. That covered the minor years. Once the child is an adult, there’s nothing left for that order to apply to.

University — do I still pay child support?

Maybe. We have a lot of case law on this.

Many university kids still aren’t economically independent. If they’re not, support can continue. But it’s often not the full table amount anymore.

If the child lives in residence, the usual fight is tuition, residence, living costs, food — split as section 7 special expenses, generally in proportion to each parent’s income.

If the child works, that income comes off the top. The court’s logic is the child’s earnings go to their own costs first, the rest gets split by parental income ratio.

The court draws distinctions. Summer break, not in residence, back living with one parent all summer and not working — that parent is carrying the costs. The other parent may owe some child support for that period, but it may be less than the minor-child amount. The court can reduce it.

The claim is nonsense — can I just ignore it?

No.

Even if you think the requests are unreasonable or made up, you still have to answer. You can’t ignore it.

If you don’t, the other side can have you noted in default. Once that happens, the court can grant even unreasonable requests.

So if you get served and think it’s all nonsense, still file your Answer. If your Answer is clear, the other side’s requests won’t get through.

Book an initial consultation (30 minutes, $220+HST). Call 647-930-6688.

This article provides general legal information only. It is not legal advice and does not create a solicitor-client relationship.