Step-Parents and Child Support Responsibilities: Understanding “In Loco Parentis”
- Shayla Domin
- Nov 1, 2024
- 3 min read
When parents separate, financial support for the child typically falls on the biological parents. However, in some cases, Courts may require a step-parent to contribute to child support. This concept is based on the legal term “in loco parentis,” which is Latin for “in the place of a parent.” In cases where a step-parent has acted in this role, they may assume certain rights and responsibilities similar to those of a biological parent.
What Does "In Loco Parentis" Mean?
The term “in loco parentis” refers to a situation where an individual who is not the biological parent of the child has taken on a parental role in the child’s life, fulfilling responsibilities similar to those a parent would. While biological parents are legally obligated to provide financial support, determine aspects of the child’s upbringing, and make important decisions regarding the child, someone who is "in loco parentis" may also hold similar obligations and decision-making rights.
Can a Step-Parent Be Held Liable for Child Support?
A step-parent can be required to pay child support if they are found to be "in loco parentis" to the child. In some cases, a biological parent may bring an action for child support from a step-parent. A step-parent may be unaware they have these rights and responsibilities toward the child despite the relationship ending with the biological parent.
How Courts Determine “In Loco Parentis” Status
Under section 48 of the Family Law Act, a person may be determined as standing in the place of a parent if they:
Were married to or in a committed, interdependent relationship with the child’s parent, and
Demonstrated a clear and settled intention to treat the child as their own.
Section 48(2) of the Family Law Act, outlines a list of factors the Court will considers in determining whether someone has acted "in loco parentis," including:
(a) The child’s age;
(b) The duration of the child’s relationship with the person;
(c) The nature of the child’s relationship with the person, including
(i) The child’s perception of the person as a parental figure,
(ii) The extent to which the person is involved in the child’s care, discipline, education and recreational activities, and
(iii) Any continuing contact or attempts at contact between the person and the child if the person is living separate and apart from the child’s other parent;
(d) Whether the person has considered
(i) Applying for guardianship of the child,
(ii) Adopting the child, or
(iii) Changing the child’s surname to that person's surname;
(e) Whether the person has provided direct or indirect financial support for the child;
(f) The nature of the child’s relationship with any other parent of the child;
(g) Any other factor that the Court considers relevant.
Case Study
In the Alberta case Thierman v Tymchuk, 2021 ABQB 902, the parties were never married but did cohabitate between 2015 and 2017 and separated in 2018. The parties had two children together, and Ms. Tymchuk also had two children from a previous relationship.
Ms. Tymchuk argued that her older children saw Mr. Thierman as a parental figure, given his involvement in their education, extracurricular activities, and financial support. Ms. Tymchuk stated that the older children often joined his parenting time with their two younger siblings after the separation.
Mr. Thierman, denied having a parental role with his step-children claiming limited family interaction with them. He stated that he only added the step-children to his benefits plan at Ms. Tymchuk’s request, and he pointed out that the children had expressed reluctance to see him post-separation.
The Court determined that Mr. Thierman was “in loco parentis” and had a support obligation to all four children. This decision was based on the fact that the parties lived as a family unit for nearly five years, during which Mr. Thierman had to care for his stepchildren, who were too young to be left alone. He also actively participated in family events, such as Christmas and birthdays, and took the children to various activities like gymnastics and soccer.
Conclusion
After separation, family dynamics often change to include new partners. When a step-parent assumes a parental role, this can create new rights and responsibilities toward their step-children, depending on the specific circumstances of each case. Regardless of whether a child is biological or a step-child, child support is a right of the child, and these obligations cannot be waived or contracted out of through agreements between the parties.
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