What is the test for standing in place of a parent?

In Chartier v. Chartier, 1999 CanLII 707 (SCC), [1999] 1 S.C.R. 242, Mr. Justice Bastarache dealt with the relationship between a non-biological parent and a child who falls within the definition of a “child of the marriage” under the Divorce Act. The relevant part of the definition is provided by s. 2(2) which includes within the definition “any child of whom one is the parent and for whom the other stands in the place of a parent”. The question whether a spouse stands “in the place of a parent” is a question of fact. A spouse may not unilaterally withdraw from a relationship in which he or she stands in place of a parent. The question of fact is to be considered in a contemporary context. The relevant time at which the factual circumstances are to be examined to determine whether the relationship existed is when the family functioned as a unit. Some, but not all, of the factors to be considered are: • Intention of the person said to stand in place of a parent; • Whether the child participates in the extended family in the same way as would a biological child; • Whether the person provides financially for the child; • Whether the person disciplines the child as would a parent; • Whether the person represents that he or she is responsible as a parent to the child; • The nature of the child’s relationship with the absent biological parent.