Non-Parent Applications in Family Law: Understanding Your Rights
Modern families come in many different configurations, and in family law, the focus is generally on the biological parents. However, there can be other parties involved in matters relating to children. For instance, step-parents may seek parenting time, grandparents may want to ensure access, and even aunts and uncles may wish to remain involved.
In addition to these issues, child support considerations often arise, further complicating the situation. Unless the non-parent has been standing in lieu of a parent, any application by a non-parent will require leave of the Court to proceed. Consulting with experienced family law lawyers is crucial for navigating these complex situations, including matters related to child support.
The Best Interests of the Child
Biological ties are important; however, the Supreme Court has determined that there is no presumption in favour of a biological parent. The primary consideration for any application relating to a child is the best interests of the child. When a non-parent seeks parenting time or contact, the decision will be highly fact-specific and focused on what is best for the child.
Factors Influencing Non-Parent Applications
When a non-parent applies for parenting time, the Court will examine the existing relationship between the non-parent and the child. Considerations include the nature of the relationship, whether it was similar to that of a parent, whether an additional residence would cause undue disruption, and if there are siblings involved who live with the non-parent. The non-parent’s desire to have time with the child is not a factor; it all comes down to what is in the best interests of the child.
Arbitrary or Reasonable Denial of Contact
In other jurisdictions, Courts consider whether the decision by the parent to deny contact between the child and the non-parent was arbitrary or reasonable. Courts have also denied contact applications when they are deemed to be veiled attempts to control parenting decisions, emphasizing that the child’s best interests must remain the focus.
Step-Parents and Settled Intention to Parent
When a step-parent seeks parenting time, the chances of success are higher if there has been a settled intention to parent the child and all other factors indicate that continued involvement is in the child’s best interests. The wishes of the biological parent are considered, but they may not be decisive if maintaining the step-parent relationship aligns with the child’s best interests.
Navigating Complex Family Law Matters
Applications by non-parents are highly circumstantial. If you have questions regarding an application by a non-parent or are seeking to bring such an application, the experienced lawyers at Jones Divorce & Family Law can help. Our lawyers have extensive experience in child support and parenting matters and can help you assess your family’s unique circumstances.
Contact Jones Divorce & Family Law
For expert legal support on child support and non-parent applications, connect with our team today. Our lawyers are committed to helping you navigate the complexities of family law and securing the best possible outcome for your family. Contact Jones Divorce & Family Law to get started.
