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  • #16
    <!-- TRANSIT - HYPERLINK --><!-- .droit de la famille (Loi sur le), L.R.O. 1990, chap. F.3. -->31.<!-- TRANSIT - HYPERLINK --><!-- .droit de la famille (Loi sur le), L.R.O. 1990, chap. F.3. --> (1) Every parent has an obligation to provide support for his or her unmarried child who is a minor or is enrolled in a full time program of education, to the extent that the parent is capable of doing so. R.S.O. 1990, c. F.3, s. 31 (1); 1997, c. 20, s. 2.
    Idem
    <!-- TRANSIT - HYPERLINK --><!-- .droit de la famille (Loi sur le), L.R.O. 1990, chap. F.3. -->(2) The obligation under subsection (1) does not extend to a child who is sixteen years of age or older and has withdrawn from parental control. R.S.O. 1990, c. F.3, s. 31 (2).
    Ontario Family Law Act

    You have to file an affidavit that the child is no longer living with a parent. Living with the grandparents would mean withdrawn from parental control, although the courts might make an exception if there was an argument made on the behalf of the child, for example that the grandparents were acting as parents.

    You are also going to run into trouble if the child hears what you have in mind and enrolls in a program just to keep support coming in.

    You are going to run into a problem if the mother wants to keep support, gets the child onside, and they claim the child is living with them. The onus would be on you to prove to the courts with factual evidence that the child does not reside with the mother. Exactly how do you expect to do that? If you have such evidence it would have to withstand their denials and a possible situation like the child moving back in for a month, or getting a drivers license showing the mother's address, or a bank account statement mailed to that address.

    Like I said earlier in the thread, if you get the child onside with you, then everything becomes much much easier for you. I say this because the mother is already being deceitful to keep support coming in, so why would she not continue to be deceitful? The grandparents are already part of this, why would they not support the mother's assertions? Ultimately what proves your case is an admission from your child that shows where she actually lives. Get her onside and your motion is a slam dunk. If she stays onside with her mother then you will just face more deceit from all sides.

    So honestly, pick your battles and fight one at a time. You go after your child with an aggressive attitude over this and she is just going to side with her mum.

    I'm not privy to all the details of your life, and I could be dead wrong, but going by what you write this is my opinion on it.

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