Father loses biological custody case

Started by Russ, Jan 29 07 11:25

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Sportsdude

Checked up on this story I think I've got the 'whole' story now that might change an opinion or two, maybe.

Adoptive parents win father's custody battle
Globe and Mail

 The biological father of an infant boy has lost a high-profile custody battle in Saskatchewan after a court decision granted full custody to the child's guardians and banned the natural father from seeing the child for a year.[/p]  In a 35-page judgment released Monday, the Saskatchewan Court of Queen's Bench said the unofficial adoption had served in the child's best interests, and should be maintained.[/p]  "It is clear that they present an environment that will best provide for his health, education, emotional well being, opportunity for training and economic and intellectual pursuits," wrote Justice Shawn Smith.[/p]  The court found the biological father — referred to in the judgment under the pseudonym "Adam" — was capable of having a positive presence in the life of baby "Ian", but not in a parental role.[/p]
 Due to that, the court ordered the biological father not gain access to the child for one year, unless all parties agreed otherwise. That would give the child a year of "familial calm" to promote bonding and attachment in his current home, the judgment states.[/p]  The high-profile case stretches back to autumn 2005, when the child's biological mother "Rose" realized she was pregnant.[/p] Rose and Adam ended their short-lived relationship after an alcohol-fuelled violent incident in mid-2005. [/p] [p style="font-weight: bold;"] In a bid to create a better life for her child, the biological mother sought out family friends "Linda and Dave Turner" and, after much consideration and consultation with counsellors and lawyers, the Turners took the child into their home immediately after his birth.[/p]  "Having brought Ian home from the hospital, he has, as is the nature of babies, become the centre of their universe," wrote Judge Smith. "They love him as if he were their own."[/p]  The mother stated in guardianship documents that she didn't know who the father was. A DNA test later confirmed the paternity.[/p] The father found out the woman was pregnant a few weeks before the baby was born, and with his fiancée, sought avenues to gain custody of the baby boy.[/p]  But on Monday, he lost the long court process to gain custody of his biological son.[/p] [p style="font-weight: bold;"] While the court said Adam displayed the protective instincts of a father and seemed willing to take on the lifelong role of parent, there were many unknowns, mainly stemming from his relationship and family history.[/p]  "When one considers the path Adam has travelled, it is, perhaps, not surprising that he presents as emotionally fragile. However, it is appropriate to note that he has shown grit and determination in his pursuit for custody of his child," the judge wrote. "Many in his circumstance would have faltered. He has not."[/p] [p style="font-weight: bold;"] Yet in the end, being an "adequate" parent was not the best test to determine what was in the best interests for that child, and the judge concluded that "from all the evidence, without hesitation, ... Ian's best interests are served by granting custody to the Turners."[/p]
"We can't stop here. This is bat country."

Sportsdude

So the father laid a beat down on the mother, then the mother got scared and didn't know what to do.  Yup, I've heard this story before... my cousins.  
"We can't stop here. This is bat country."

Sportsdude

 Here's the CBC article excerpts:

"The judge also said the parties should get together to allow the father some access to the child.  During the custody trial in Saskatoon late last year, court heard the father never cohabited with the mother, but briefly had an intimate relationship with her. The relationship ended following an incident where the man had been drinking alcohol and struck her."
[/p]Looks like a one night stand that lingered type of deal[/p]and rule number one: don't hit women.[/p]"When she learned she was pregnant, she made arrangements with the couple in another Saskatchewan community to have custody of the child. The woman felt she couldn't raise the child herself and said she didn't know the man was the father, having been told previously he was sterile."

Thats really odd, telling a women your sterile on a short fling like that? To me that says "lets use a condom, no sweetie no need to my junk don't work." Bizarre.  Don't know who to believe there.

"The boy's grandmother offered a third option to the courts. She said she should have custody to ensure that the boy is raised in a way that respects his First Nations heritage. She didn't want the child raised by a non-biological family."




 
"We can't stop here. This is bat country."

Ally

I think that understanding something like that is tough if you're not in the situation.

  One of my best friends got pregnant after dating a guy for 3 months.  She quickly realized that he was not a good guy at all when he told her that if she didn't get an abortion he'd never talk to her again.  He went back and forth and played all kinds of head games with her.  He was incredibly nasty and showed a side that was scary.

  She finally pretended to get an abortion and he wanted to make an appointment at a clinic to make sure that she wasn't pregnant.  He picked the clinic and the two of them saw the doctor together.  The doctor gave her a cup and she went into the bathroom and closed the door.  She went to the bathroom and instead of pee-ing in the cup, she got the cup of pee that her sister had given to her 20 minutes earlier and put that in the cup.  Obviously the test came out negative.  

  They never saw each other again after that.  She had the baby a couple of years ago and is a single mom.  The father lives downtown, and she lives in Cloverdale so they wouldn't run into each other.  I ran into him once when I was in Vancouver and he made some nasty comments about her and I think that in this circumstance the child is far better off

without him.

  My girlfriend is engaged to a guy that is awesome.  He's a firefighter and has even taken my friends little boy to the firehall to sit in the fire truck.  Great guy and a great dad.        
"Not everything that counts can be counted, and not everything that can be counted counts." (Sign hanging in Einstein's office at Princeton)

Russ

I just saw more as well in the National Post.. interesting how information keeps getting staggered in ways to make different opinions.
Mercy to the Guilty is Torture to the Victims

purelife

I agree Ally, circumstances are different.  In that case, I can understand why she had done that.  I'm happy to hear that your friend is doing well.

Sportsdude

 Thats why I went to a 'nuetral' point of view the globe and the CBC.  The National Post could spin things to the right and the Star could spin things to the left.    
"We can't stop here. This is bat country."

Russ

Sportsdude wrote:
Thats why I went to a 'nuetral' point of view the globe and the CBC.  The National Post could spin things to the right and the Star could spin things to the left.    
   Really? I like the CBC to a certain extent, but I 100% disagree with you on the globe and mail. It reminds me of CNN.. biased.

  But I tend to have a difference of opinion on news agencies with people in the US.. grew up on different values of news.
Mercy to the Guilty is Torture to the Victims

Sportsdude

Well the National Post is the only newspaper the Conservatives read.
Out of the three main

National Post- Right wing
Globe and Mail- moderate (they agree on certain left issues and right issues)- they are offically a 'republic' paper they are on the record for ditching the Queen. They've got both left and right of centre type people.
Toronto Star - Left wing
La Presse- moderate/pro-canada


 
"We can't stop here. This is bat country."

Lise

I'm so glad for your friend, Ally. At least she made the right decision and found someone good enough to care and love her for who she is. I feel good that her kid will now have a wonderful father. Good for her.  
Always end the name of your child with a vowel, so that when you yell the name will carry.
Bill Cosby.

Sportsdude

I wish my cousins could find guys like that but I think they are incapable mainly because I really deep down don't think they care about their kids.  Its too obvious to me that they see them as an accesory instead of a child.  For example they still do risky behaviour that they did before they got pregnant.  Blame the mother though, my cousin had a boob job at 14 because her mom my aunt was worried she wouldn't have boobs.  Then the day after new years this year the other cousin got a boob job. *sigh*    
"We can't stop here. This is bat country."