What is the test to determine if a person stands in the place of a parent?

British Columbia, Canada


The following excerpt is from Varga v. Varga, 2009 BCSC 416 (CanLII):

The test to determine if a person stands in the place of a parent is objective. Courts will look to the nature of the relationship between the parent and child. Factors include (Chartier v. Chartier, 1999 CanLII 707 (SCC), [1999] 1 S.C.R. 242, at para. 39): (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 (depending on ability to pay); (c) Whether the person disciplines the child as a parent; (d) Whether 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) The nature or existence of the child’s relationship with the absent biological parent.

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