litigator
Junior Member
The legal guy
Posts: 20
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Post by litigator on Aug 3, 2007 6:52:48 GMT -5
IN LOCO PARENTIS If you are a man or a woman who is living with a partner that has children from a previous relationship you will want to familiarize yourself with the term "In Loco Parentis" The term in loco parentis, Latin for "in the place of a parent", refers to the legal responsibility of a person or organization to take on some of the functions and responsibilities of a parent. By rights to be found to be in loco parentis to a child you must have acted in a parental capacity to the child for a period of time, usually 12 months but the courts often order persons in loco parentis to a child to pay support for the child if the couple splits even after only being together a relatively short time. Virtually all jurisdictions in Canada impose by legislation the duty of child support on a person who stands in loco parentis to a child. What is not made clear in much of the relevant legislation is when the obligation terminates. While the conventional view has been that the obligation cannot be brought to an end by an act of unilateral revocation on the part of the alternative parent, it has recently been judicially suggested that an obligation established by an act of will ought logically to be revocable by an act of the same quality. As most of us are aware parents are often ordered by family court judges to pay amounts of support far beyond their financial means. You can also be ordered to pay ridiculous amounts of support for children that are not biologically yours and despite the fact you were never married to the mother or father
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