Who is a parent?
In Ontario, the definition of a “parent” encompasses many different relationships to reflect the diverse nature of modern families.
What are the four legal definitions of a Parent in Ontario?
- Biological Parent– A person who is genetically related to the child
- Adoptive Parent– An individual who has legally adopted a child acquiring all parental rights and responsibilities.
- Presumed Parent– A person may be presumed to be a parent in certain circumstances, such as they were married to the birth parent at the time of the child’s birth or they acknowledged parentage.
- Person Standing in Place of a Parent– A person who has demonstrated a settled intention to treat a child as your own even without formal adoption. Most famous case Chartier v. Chartier, the Supreme Court of Canada stated that a person cannot unilaterally withdraw from a relationship in which he or she stands in the place of a parent without considering best interests of the child.
What is a presumed parent?
In Ontario, a presumption of parentage arises in many situations.
- If a man was married to the child’s mother at the time of birth, or within 300 days before the birth even if marriage ended by death, divorce, or annulment, he is presumed to be the child’s legal parent. The same standard applies to common law.
- If a man was living with the child’s mother in a conjugal relationship before the birth and the child is born within 300 days of the relationship ending, there’s a presumption of parentage.
What is loco parentis?
The term loco parentis means “stand in the place of a parent”. Essentially, a person who stands in the place of a parent will be deemed by the court to be a parent of that child.
What factors will a court consider to determine if a person is standing in for a parent?
Several factors were outlined in Chartier v Chartier (para 39), including:
- Intention (expressed or implied) to assume parental obligations
- The fact of forming a family with the child, including considering:
- Whether the child participates in their extended family
- Whether they provide financially for the child
- Whether they discipline the child as a parent
- Whether they represent to the child, their family, and the world that they are responsible as a parent to the child
- The nature and existence of any relationship between the child and the absent biological parent.
If the above criteria are satisfied, the person will be seen as a stepparent to the child. As a stepparent, you have parental rights and obligations as a parent.
Under what Acts is a parent defined in Ontario?
Children’s Law Reform Act (CLRA):
- The birth parent of the child is recognized in law as the parent of the child law under s.6(1) of the CLRA.
- Under the Children’s Law Reform Act, a
Child, Youth, and Family Services Act (CYFSA):
Adopted children are treated as of the date of adoption, the adopted child is the biological of the adopted parent under s.2(a) of the CYFSA.
Divorce Act (DA):
Under section 2(1) of the DA, a “child of the marriage” is to mean a child of 2 spouses or former spouses at the material time:
- Is under age of majority and has not withdrawn from their charge;
- Is the age of majority or over and is under their charge but unable, by reason of illness, disability, or other causes to withdraw from their charge
For stepchildren, the DA is the guiding statute:
Under section 2(2) of the DA, a “child of the marriage” can include any child for whom one or both spouses stand in place of parents even if the child was never formally adopted.
Family Law Act (FLA):
For children of common law marriages, FLA is the guiding statute. A child is defined in s.1(1) of FLA as a person to whom a parent has demonstrated a settled intention to treat as a child of their family. This includes children which are biologically not yours. This gives rise to rights and obligations as a parent, including decision-making responsibility, parenting time, and child support upon breakdown of the relationship.
Under which Act can a stepparent request decision-making responsibility and parenting time?
If the marriage were to breakdown, a stepparent under s. 21(1) of CLRA has the right to apply for decision-making responsibility and parenting time.
Can a stepparent be forced to pay child support if the marriage or relationship breaks down?
The test in Chartier v Chartier [1999] is used to determine if the person is deemed a stepparent. If this applies, a divorcing stepparent under s. 15.1(1) of the DA has an obligation to pay child support for any child in which they stand in the place of a parent. If deemed a parent, a separating stepparent under s. 31(1) of the FLA has an obligation to pay child support.
What are the consequences of being recognized as a parent?
If you are deemed a parent, many rights and responsibilities come with that designation such as:
- Decision-Making Responsibility
- Parenting Time
- Child Support Obligations
What happens if there is a dispute over who the parent is?
You can ask a court to make a declaration of parentage under s.4 of the CLRA.