Does a parent have a greater right to custody of their child than a stranger?

Parents have always had a greater right to custody of their children than extended family and strangers. Aston J. made this clear in Foster v. Allison, 2003 CanLII 2369 (ON SC), [2003] O.J. No. 3681 when he said: 2. …Though ‘any person’ may apply for custody under section 21 of the Act, the statute and case law both support the proposition that parents have a preferred status or preferential claim over others. 3. When the parents resided together, they were each equally entitled to custody under subsection 20(1) of the Act. All rights and responsibilities concerning the child and the child’s property were legally vested in them and no one else. When they separated almost four years ago, the father’s right to custody was suspended under subsection 20(4) of the Act because the child lived with the mother with his ‘consent, implied consent or acquiescence’. The parents informally agreed on his access. ‘Custody’ vested in the mother until an agreement or court order provided otherwise.