What is the test for establishing a parental relationship between a stepparent and the child's biological parent?
British Columbia, Canada
The following excerpt is from Chin v Sutherland, 2021 BCSC 732 (CanLII):
The existence of the parental relationship must be determined as of the time the family functioned as a unit. The actual fact of forming a new family is a key factor in drawing an inference that the stepparent treats the child as a child of the marriage. The relevant factors for the court to consider include: a) whether the child participates in the extended family in the same way as would a biological child; b) whether the person provides financially for the child; c) whether the person disciplines the child as a parent; d) whether the person represents to the child, the family, the world, either explicitly or implicitly, that he or she is responsible as a parent to the child; and, e) and the nature or existence of the child’s relationship with the absent biological parent. (Chartier v. Chartier, 1999 CanLII 707 (SCC), [1999] 1 SCR 242 at paras. 38-39.)
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