Loco Parentis

Becoming a step-parent can meaning taking on far more legal obligations than expected.

In Canada, a Judge can decide that a step-parent stands in "loco parentis" - meaning standing in the place of a parent - to a child who is not biologically theirs. 

If a step-parent is found to stand in the place of a parent he or she can request parenting time, even the majority of parenting time, with that child. The parent can request parental decision-making authority. And the parent can be required to pay child support. 

A step-parent can be found to stand in loco parentis whether or not both biological parents are in the child's life.

The Supreme Court of Canada in a case called Chartier v. Chartier set out the factors for Judges to consider when being asked to decide if a step-parent stands in the place of a parent. 

As with all court cases involving children, the Judge have to look at each individual family and decide what arrangements will be in the child's best interest.

Some of the factors Judges will consider are:

1.     Perspective of the child. How does the child view their step-parent?

2.     Nature of the relationship between the step-parent and child.

3.   The intention of the step-parent, to be inferred from actions or statements.

4.   Whether the child participated in extended family events the same way as the biological children.

5.     Whether a person provides for the child financially.

6.     Whether the person disciplines the child.

7.     Whether the person represents to society that they are responsible for the child.

8.     The nature of the relationship the child has with their biological parent.

9.     The length of time the individual and child were in contact.