When will a step-mother be awarded specified access to the child by the biological mother and father of the child?
Ontario, Canada
The following excerpt is from R.C2 v. A.A.1, 2012 ONCJ 192 (CanLII):
[130] In Johnstone v. Locke, [2012] O.J. No. (S.C.J.), a step-mother brought an application for custody of a nine year old child against the child’s biological mother and father, after separating from the child’s father. Although her application for custody was dismissed for several reasons not relating to her lack of biological connection to the child, the step-mother was awarded specified access. In reviewing the case law regarding the role of biology or the blood relationship between the child and the parties applying for custody, Justice J. Mackinnon states as follows at paragraphs 96 and 104: “These cases correctly state that all decisions with respect to custody and access are to be determined on the basis of the best interests of the child having regard to the facts in each case. Neither parental status nor step parent status confers any presumed right or entitlement to custody or access to a child.. In my view, the statutory direction to determine the child's best interests should be accomplished by a careful consideration of the facts in each case rather than by focusing on the status of each adult in relation to the child.”
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