Chartier v Chartier

Updated on Sep 21, 2024

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Citations [1999] 1 S.C.R. 242		Unanimous reasons by Bastarache J.

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Chartier v Chartier, 1999 1 S.C.R. 242 is a leading Canadian case decided by the Supreme Court of Canada on the legal role of step parents in a marriage. The Court held that a step parent who is found to be in loco parentis cannot unilaterally withdraw from the family relationship.

Gerald Chartier was married to Sharon Chartier who had a child from a previous marriage. Gerald had helped care for the child and took the role a father. The two were separated and Sharon applied for child support. Gerald had argued that he had severed his in loco parentis role and so was not responsible for supporting the child.

Justice Bastarache, writing for a unanimous Court, held in favour of Sharon and stated that Gerald could not unilaterally sever ties to the child. To determine if a spouse is in the role of parent, the court must look at a number of factors including:

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 (depending on ability to pay);

whether the person disciplines the child as a parent;

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;

the nature or existence of the child’s relationship with the absent biological parent.

References

Chartier v Chartier Wikipedia

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