Can a step-mother who is not a parent of the child stand aloof from the legal duty of the natural parent?
British Columbia, Canada
The following excerpt is from R.A.V. v. S.M.I.V., 2007 BCSC 1896 (CanLII):
As similar sentiment was expressed by MacLeod J. in Cook v. Kilduff, 2000 SKQB 347. He said this (at paragraph 15): By s. 5 the court is to have regard to the legal duty of the natural parent. [The stepfather] is entitled to expect the court to do its duty, namely, have regard for what it is directed by s. 5. Can this expectation be defeated by [the natural mother's] aloofness to the legal duty of the natural parent? I think not. It cannot be fair to have [the natural mother] stand aloof from that issue and benefit from it. It is specious to suggest that the child is the beneficiary, but [the mother] is not, and that, for the child's benefit, the requirements of s. 5 can be ignored.
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