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Chartier v. Chartier

[1999] 1 S.C.R. 242 (1999)

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Chartier v. Chartier

Canada Supreme Court
[1999] 1 S.C.R. 242 (1999)

Facts

Sharon Chartier (plaintiff) had a child, Jessica, from a previous relationship. Sharon married Gerald Chartier (defendant), who became Jessica’s stepfather. Sharon and Gerald fraudulently amended Jessica’s birth certificate to name Gerald as Jessica’s birth father and to change Jessica’s last name to Chartier. Sharon and Gerald contemplated Gerald’s adoption of Jessica, and they told Jessica that Gerald was her father. Gerald was the only father Jessica knew. Later, Sharon and Gerald separated and agreed to a consent judgment naming Gerald as Jessica’s father and granting him parenting time. Sharon filed a petition for divorce, asking the court to make a declaration that Gerald stood in the place of a father to Jessica. Gerald objected. The trial court declined to enter an order for Gerald to pay child support for Jessica because Gerald repudiated his relationship with her. Sharon appealed and lost. She then appealed again to the Canada Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Bastarache, J.)

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