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That question was recently before Justice Margaret Eberhard of Ontario’s Superior Court of Justice. In the case, a single mother of a one-year-old daughter met her new partner in July 2018 and the couple began living together one month later. The new partner did not have any children of his own. Three years later, the relationship ended. Shortly thereafter, the stepfather requested parenting time with his stepdaughter, which the mother refused.
The judge accepted the stepfather’s evidence and rejected the mother’s, describing the evidence as “beyond challenge” that the mother and stepfather “both participated fully in parenting the child.” The judge found there had been “no distinction drawn by reason of the not being the biological father” and that the mother “proclaimed and encouraged excellence in being a parent.”Article content
In support of her argument that the stepfather should not have any parenting time, the mother pointed to a long line of court decisions dealing with a grandparent’s right to spend time with a grandchild. The judge made clear the case before her was different. The difference is rooted in Ontario’s Children’s Law Reform Act, which gives special status to a person who has “formed a settled intention to treat the child as a child of his or her own family.
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