What is In Loco Parentis?
In loco parentis is a Latin term which means “in the place of a parent”. In family law, it refers to a situation where someone who is not a biological or adoptive parent is treated as a parent in the eyes of the law. This concept is used to determine if a non-parent should be granted parental responsibilities and rights.
Key Implication of In Loco Parentis
When a person is declared to stand in loco parentis, they take on the same rights and responsibilities as a biological parent. This can include:
- Financial obligations: such as paying child support
- Decision-making authority: in areas such as education, healthcare, and general welfare of the child.
- Parenting time: Spending time with the child and playing an active role in their daily life.
Factors Courts Consider in In Loco Parentis Cases
In Alberta, Section 48 of the Family Law Act, S.A. 2003, c. F-4.5, outlines several factors that courts consider when deciding if a person stands in loco parentis. These factors include:
- The Length and Nature of the Relationship: Courts examine how long a person has been in the child’s life and the nature of that relationship. A long-term, stable relationship with the child often supports a finding of in loco parentis.
- The Child’s Perception of the Individual as a Parental Figure: Courts will consider whether the child views the individual as a parent or “parental figure” to determine the depth and consistency of an individual’s relationship with the child.
- The Extent of Involvement in the Child’s Life: This includes the person’s participation in the child’s care, discipline, education, and recreational activities, as well as their role in daily routines and special family events.
- Efforts to Formalize the Relationship: Courts may also look at whether the person has made any legal efforts to formalize their role, such as applying for guardianship, seeking to adopt the child, or changing the child’s surname.
These factors, considered together, help determine if an individual has genuinely intended to assume the role of a parent in the child’s life.
Why Understanding In Loco Parentis Matters
The declaration of in loco parentis carries significant legal consequences. Once declared, a person’s parental rights and obligations may continue even if they separate from the child’s biological parent. This ensures that the child continues to receive the financial and emotional support they need.
For instance, in the recent case of CC v JP, 2024 ABKB 573, the court examined whether a father figure stood in loco parentis to a child after separating with the child’s biological mother. In this case, the court found that although the father was not the child’s biological parent, he had acted in ways that demonstrated an intent to assume a parental role. For instance, he had integrated the child into his family life, encouraged the child to view him as a father figure, and supported the child financially and emotionally over several years. Therefore, the court declared that the father stood in loco parentis.
If you are involved in a family law matter where in loco parentis may apply, consulting one of our experienced family law lawyers can help you navigate this complex area.