In loco parentis, can an individual who stood in the place of a parent apply for guardianship and custody?
Alberta, Canada
The following excerpt is from M.P. v. E.A., 2004 ABPC 42 (CanLII):
In Wile v. Tancouny, supra, Clark J. said at para.18: The factors considering in determining in loco parentis reflect the extent of the relationship between the child(ren) and the individual necessary to achieve the status. The title acknowledges a connection between the child and the individual equal to that of a parent and child. Granting standing to apply for guardianship and custody to individuals in loco parentis would not be detrimental to the best interests of child, rather, permitting individuals who stood in the place of a parent in their life to be considered for guardianship and custody serves those interests.
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