The Catholic Children's Aid Society brought a motion seeking a declaration that T.O.M., the biological father of a 15-year-old child, is not a parent within the meaning of the Child and Family Services Act.
The motion was supported by the child's mother and the Office of the Children's Lawyer.
The court dismissed the motion, finding that T.O.M. qualifies as a parent under the statutory definition because he was married to the child's mother at the time of birth, which triggers the presumption of paternity under the Children's Law Reform Act.
The court held that separation at the time of birth does not constitute an exception to the statutory definition of parent.
