25] The leading Supreme Court of Canada case that defined the words “stands in the place of a parent” is Chartier v. Chartier, 1999 CanLII 707 (S.C.C.), [1999] 1 S.C.R. 242, which held that the proper test is to:
Take into account all factors relevant to that determination, viewed objectively. What must be determined is the nature of the relationship.
[26] Noting that “every case must be determined on its own facts” the Court provided a non-exhaustive list of factors for consideration. They include the following: intention, expressed formally and inferred from the circumstances, the fact of forming a new family, the child participating in extended family as a biological child would, financial provision, exercise of discipline, representations made by stepparent to the child, family and others about the relationship, the nature and/or existence of the child’s relationship to biological parent.
[27] Professor Carol Rogerson in her article, “The Child Support Obligations of Step Parents” (2001), 18 Can. J. Fam. L. 9 provides a list of additional factors that can be considered by a court including: minimal involvement by the biological father, deliberate behaviour to exclude biological parent, reference to step-father as Dad and any changes in surname, good relationship between child and step-parent, joint participation in family activities, birth of one or more children to spouses during relationship, adoption proceedings or discussion of doing so, and the exercise of access after separation. The learned author goes on to identify several factors that tend to demonstrate an individual has not stood in the place of a parent: poor relationship between child and step-parent prior to separation, children are older when spousal relationship begins, involved biological parent, potential payor is step-mother rather than step-father.
[28] The vast majority of the above noted factors overwhelmingly support a finding that the respondent stood in the place of a parent to the two older children and I so find.
In Canada they changed a law when they allowed gay marriage. They recognize chidren of the marriage and not always a bio child. They can have a child pay support by two parents.
Since the exto be applied for visiation and today I found what he sent me vs what he filed were not the same. A legal no non. But he never filed the paperwork right either. good for me.
But they have this thing called standing in as the parent. This guy signed a legal agreement to sponsor my daughter. uprooted me from my country and house and job. then was a jerk. so, since he refused to give me divorce for the cost i lost having to go back and forth i decided to ask for this. the court said he had to pay. so today i found a recent case like mine. shorter marriage but exact same thing.
i had tried to get him to dismiss this stuff he refused. so, he was to pay. at the end of the day i would have preferred to not have to moved and left out of fear. i hatemoving.
but it was not my choice. so after asking for a settlement i said what the hey i wanted others to know that this can sometimes happen int he US that a parent has to pay support for a stepchild. some states can mandate a step parent hiding the others assets to be responsbible as well.
support does not always end when the child turns 18. depending on if they have a disablity or in college.
if anyone needs i have govt website with more info on each state.
i support my kids alone for so long first ex did not pay for age. we managed.
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