In a significant ruling, the New Brunswick Court of King’s Bench has granted partial custody of a five-year-old boy to his mother’s former girlfriend, K.M. This decision clarifies the legal status of step-parents in the province.

The case centers around a child, referred to as L, born in 2020 to J.K. and her ex-husband, D.K. The couple had another child in 2017 but separated in 2018. Despite their separation, J.K. and D.K. continued to have sexual encounters, leading to uncertainty about parentage until a court-ordered paternity test was conducted.

In 2019, J.K. began a relationship with K.M., who worked at her first child's daycare. However, this relationship ended later that year due to mutual issues, including violence. J.K. then moved back in with D.K., and during this time, L was conceived.

In early 2020, J.K. started dating C.C., believing him to be the father of her unborn child. However, due to C.C.'s struggles with substance abuse, J.K. did not see him as ready for fatherhood. When the COVID-19 pandemic began, J.K. rekindled her relationship with K.M., who was listed as a parent on L's birth certificate. They remained together throughout the pregnancy and for two years after L's birth, before splitting in 2022.

K.M. transitioned to a male identity after L's birth and took on a fatherly role. Following the breakup, J.K. returned to C.C., and they have since had two children together, becoming the primary caregivers for L.

In 2024, J.K. moved two hours away, but both households continued to share custody of L. K.M. petitioned the court for parental rights, while J.K. and C.C. sought to exclude K.M. from L's life entirely. Ultimately, K.M. was awarded custody every third weekend.

The court's decision was influenced by New Brunswick law, which defines a “parent” as someone who has shown a settled intention to treat a child as part of their family. The judge noted K.M.'s involvement in L's life since birth, fulfilling this definition.

While the biological mother received the majority of parenting time, the judge determined that K.M. should have some weekends with L, believing it to be in the child's best interest. The judge emphasized K.M.'s role as a consistent father figure, stating, "Although L has had three father figures in his life so far, only one father has been present since birth (and even before) until now. That father is the applicant, K.M."

The ruling also considered L's relationships with K.M.'s new wife’s children, as well as K.M.'s plans to enroll L in French immersion, which J.K. had not intended to pursue. The judge expressed concerns about the biological family's views on LGBTQ issues, particularly regarding the potential impact on L's understanding of transgender matters.

This ruling marks a notable development in family law in New Brunswick, highlighting the evolving definitions of parenthood and custody in modern family structures.