The applicants, a same-sex couple, sought a declaration of parentage and primary residence of a child born to the respondents.
The parties had an informal agreement that the applicants would raise the child, but the respondents sought the child's return after four months.
The court found that the statutory requirements for a declaration of parentage under s. 13 of the Children's Law Reform Act were not met, as there was no pre-conception intent for all four parties to be parents.
However, applying the best interests of the child test, the court granted the applicants primary residence and sole decision-making responsibility, with gradually increasing parenting time for the respondents.
