Even when a child is 22, their voice still matters.
In D.F. v. R.W.F., 2025 ONCA 129, the Ontario Court of Appeal considered whether an adult child with Down Syndrome remained a “child of the marriage” under the Divorce Act. The trial judge had ordered supervised parenting time at the mother’s discretion, without obtaining the child’s views and with no review mechanism.
The Court of Appeal emphasized:
Adult children with disabilities aren’t automatically excluded from parenting decisions.
Where capacity is unclear, there must be specific evidence of the child’s decision-making ability. The child should receive notice, legal representation, and an opportunity to participate.
Parenting orders involving adult children should not be indefinite – there must be a way forward.
The Court of Appeal remitted the matter to the trial judge to craft a review mechanism. The trial judge subsequently amended the order to include a review of the supervision terms within 12 months, without requiring a material change in circumstances (Foster v. Foster, 2025 ONSC 1345).
It may not be a perfect outcome, but it’s a step forward. A reminder that the right to participate must remain central – even in cases involving adult dependents. Age does not negate the importance of voice, and the right to meaningful participation should not end at 18.
