Adult Children and Parenting Orders – Do They Have a Say?

In a recent family court hearing, the court reviewed a continuation of a motion to assess the applicant’s compliance with court orders and address other parenting issues. The respondent sought make-up parenting time with his two children, aged 18 and 16. The court had earlier determined that the eldest child remained a “child of the marriage” under the Divorce Act due to her inability to withdraw from parental control.

Since the initial hearing, the Court of Appeal released its decision in J.F.R. v. K.L.L., 2024 ONCA 520. This ruling emphasized that adult children must be given the right to be heard before any determinations about their inability to withdraw from parental charge are made. Consequently, the motion judge acknowledged that the eldest child was not afforded her procedural rights and terminated all orders affecting her.

The court ordered the parties to attend reconciliation therapy for the youngest child. This decision, detailed in Moran v. Helmuth, 2024 ONSC 3806 (Healey J.), underscores the importance of procedural fairness and the evolving considerations in family law regarding adult children’s rights.