A recent ruling from the New Brunswick Court of King’s Bench has clarified the legal status of common-law parenthood in Canada. The court decided to grant partial custody of a five-year-old boy to his mother’s former girlfriend, who had taken on a parental role in the child’s life.

The case centers around a woman identified as J.K. and her ex-husband, D.K., who had a son, L, in 2020. J.K. and D.K. had previously separated in 2018 after having another child in 2017. Following their separation, J.K. had relationships with other partners, leading to uncertainty about the parentage of L until a court-ordered paternity test was conducted.

In 2019, J.K. began a relationship with K.M., a woman who worked at her first child’s daycare. This relationship ended later that year due to issues described in court as toxic. 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., an old college friend, and believed him to be the father of her unborn child. However, due to C.C.'s struggles with substance abuse, he was not involved in the parenting process.

As the COVID-19 pandemic unfolded, 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 was born and took on a fatherly role.

After the breakup, J.K. returned to C.C., and they have since had two additional children together. The custody arrangement for L became complicated as J.K. moved two hours away, but both households continued to share custody. K.M. petitioned the court for parental rights, while J.K. and C.C. sought to limit K.M.'s involvement in L’s life.

The court ultimately awarded K.M. partial custody, allowing him to see L every third weekend. The judge noted that K.M. had been a significant parental figure in L’s life since birth, fulfilling the legal definition of a parent in New Brunswick. The ruling emphasized the importance of K.M.'s involvement, stating, "Although L has had three father figures in his life so far, only one father has been present since birth until now. That father is the applicant, K.M."

The judge also considered the relationships L had formed with K.M.’s family and expressed concerns about the biological family's views on LGBTQ issues. The ruling reflects a broader trend in Canadian law, which is increasingly recognizing non-traditional family structures. Recent court decisions in Quebec and British Columbia have allowed for multiple parents to be listed on a child’s birth certificate, and a Supreme Court ruling in 2022 stated that biological ties carry minimal weight in custody decisions.

This case raises questions about the evolving definition of family and parental rights in Canada. As legal frameworks adapt to changing social norms, the implications for biological parents and their rights in custody disputes are becoming more complex.