How does the court treat parenting decisions when the parents are of two different cultural backgrounds?
When parents of different ethnicities or cultures separate, the court is often faced with the dilemma of determining which parent’s culture will the children be primarily raised in.
In a recent case, St. Pierre v Brown, 2022 ABCA 24, this issue was addressed as the mother was a white woman, and the father was a Black man. It was determined that culture is only one factor that is considered when determining parenting issues.
Other factors that were considered in this case:
-the legal test of the best interests of the child
-the engagement of both parents in the child’s life
-the bond of the child with both parents
-the ability of both parents to support the connection to the child’s heritage
Ultimately, it was determined that the child would remain with the white mother and the black father would have generous access to the child, for reasons specific to this case.
SMP Law provides unique insight to cases involving the parents’ cultural background and treatment of the court on this issue.
SMP Law is always here to help SiMPlify your legal matter and answer any of your questions. Contact us anytime at SMP Law to help SiMPlify your legal matter at 905-565-9494 or email email@example.com if you have any questions or would like to book an appointment to meet and discuss your situation and how we can help.