TMZ has reported that Sugar Bear is upset with Mama June as she allowed
Mark McDaniel, her Mama June’s previous partner and convicted child
molester, to spend time with their child, Honey Boo Boo, following the
parties’ separation. The question now from a legal perspective is
whether Sugar Bear can take any legal action to ensure the safety of the
child and prevent Honey Boo Boo’s exposure to Mark McDaniel.
In Ontario, the issues of custody and access are addressed within the
Divorce Act, for spouses seeking divorce, and the
Children’s Law Reform Act, for cohabitees and spouses not seeking divorce. Further, the guiding
principle for Ontario courts is the best interests of the children. A
court will emphasize in cases such as this, that a child is not chattel
in which his/her parents have a proprietary interest, but rather a human
being to whom the parents owe serious obligations.
Section 16(9) of the
Divorce Act provides that a court shall not take into consideration past conduct unless
that conduct affects the ability of that individual to act as a parent
for the child. Further, according to section 16(10) of the
Divorce Act, in making an order regarding custody or access, the court “shall
give effect to the principle that a child of the marriage should have
as much contact with each spouse as is consistent with the best interest
s of the child”.
In this case, a court may consider that Mama June has chosen to allow Honey
Boo Boo to spend time with Mark McDaniel. Although it is past conduct,
a court may choose to interpret such evidence through the lens of what
is in the best interests of the child, and, as such, consider whether
it is in the best interests of Honey Boo Boo to be in the care of Mama
June on the basis of a sole custody or shared custody arrangement if she
is exposed to Mr. McDaniel on a regular basis. In addition, a court may
consider the potential instance of Honey Boo Boo being left in the care
of Mr. McDaniel when Mama June is not present.
In the event that this matter proceeds to court and sole custody is awarded
to Sugar Bear, the issue of access would also be addressed by the court.
If the court has sincere concerns regarding the safety of the child while
in the care of Mama June, due to the presence of Mark McDaniel, conditions
to access may also be ordered by the court to ensure the safety of Honey
Boo Boo. Further, the Children’s Aid Society (CAS) could choose to
become involved in this case if they believed Honey Boo Boo was in need
of protection.