Loco Parentis found for child who had cut off relationship with non bio father CC v JP 2024 ABKB 573

In CC v JP 2024 ABKB the court approved the Mother's application for confirmation that the Father stood in the place of a parent for her 12 year old daughter from a previous relationship.

From the time the daughter was 2 years old until she turned 7 years old, the mother and father lived together. The parties also had another biological daughter together.

After the parties separated in 2019, the child stopped talking to the father, and by 2022, she didn't want anything to do with him. There was mixed information about why that happened, but the Father thought it was because the Mother or her family had told the daguhter that he was not her biological father.

The Justice found that while the parties were dating, the Father was the only one who could support the family financially. He put all of the children on his medical insurance, and he was the only adult father figure who lived with and cared for the daughter during the "tender years" (ages 2 to 7).

The daughter did not know who her actual father was, and the Father's explanation for why the child was not being close to him suggested that the daughter did in fact think that the Father was her "real" father until they were separated.

The Father admitted that he did things with the daugther that showed a loving relationship, like putting her to bed at night, reading her stories, and going to some of her school and doctor's visits. He also helped the daughter get connected to his parents.

Further to this, after the separation the father agreed to pay for all of the girls' school supplies, shoes, and clothes.

The Justice noted:

"While paying for these types of things during the relationship could be viewed as generosity ... or an incident of him financially supporting the Mother, it is unlikely ... that this type of financial generosity would continue post-separation for a child that the Father did not view as his own."

The court concluded that the fact that the child didn't want to be with the father right now "does not take away from a finding of in loco parentis nor does it free the father from the duties that come with a finding of in loco parentis."

As a result, per the Guidelines, the father was ordered to pay  ongoing support for the child as well as his biological daughter. If you have questions about standing in the place of a parent, child support, or other family law inquiries, we invite you to book a free consultation with one of our family lawyers. You can start the process by filling out the form here.