Mother’s boyfriend did not demonstrate that he had "pseudo-step-parent" relationship with her child in British Columbia Supreme Court decision

Fawcett v. Read

2016 CarswellBC 459

British Columbia Supreme Court

Family law --- Custody and access — Access — By person other than parent — General principles

Parties began dating in 2010, and lived together from February 2012 until June 2013 — Mother had child from previous relationship — After separation, boyfriend was awarded contact with child — Mother appealed — Appeal allowed — Boyfriend had not demonstrated that he had "pseudo-step-parent" relationship with child, such that ongoing contact would have been in child's best interests — Child was adjusting well in light of decreased visitation, and even when visitation stopped altogether — It seemed contrary to child's best interests to further reduce her available time with mother by substantial incursion on her weekend time in favour of boyfriend — Mother was child's only parent and she had been responsible for child's care since her birth — On two occasions, when boyfriend was permitted visitation with child, he failed to exercise his responsibilities appropriately — It was appropriate to maintain status quo until trial.