Father loses biological custody case

Started by Russ, Jan 29 07 11:25

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Russ

 [DIV class=storyheader] [H2] This would piss me off. Seriously. Another example of a woman completely trying to cut the father out from his kids, then when he found out about it, she signed the child away in spite.. and he cant do anything. You know if she kept the child and didnt inform him.. she would wait a few years then present him with a massive bill and he would HAVE to pay or else. Canadian courts dont care about the fathers. Never have and probably never will.

 NOTE: Not all women are like this.. but the bad ones always seem to stand out. Sorry to the ones that I have generalized. Its the courts that frustrate me.

[/H2] [H2][A href="http://www.canada.com/nationalpost/story.html?id=07c6bd69-1398-4cb7-b4d5-59aa719ae3b4&k=0"]http://www.canada.com/nationalpost/story.html?id=07c6bd69-1398-4cb7-b4d5-59aa719ae3b4&k=0[/A][/H2] [H2]Father loses biological custody case[/H2] [H4]Saskatoon judge awards adoptive parents sole custody of nine-month-old baby[/H4]

[DIV class=feed_details] [H4]Kelly Patrick, National Post[/H4][SPAN]Published: Monday, January 29, 2007[/SPAN]

 

 In a custody battle that pitted an earnest biological father against the
couple who adopted his son at birth, a Saskatoon judge today awarded sole
custody of the nine-month-old baby to his adoptive parents.

 Saskatchewan Court of Queen's Bench Justice Shawn Smith went further,
however, barring the child's 34-year-old father from visiting his son for
one year, unless he and the adoptive parents reach a voluntary agreement.

 "I am of the view that [the baby] should have a period of one year of
familial calm," Judge Smith wrote in explaining why he decided to cut off
the weekly visitations the father has had since last fall.

 "He's extremely disappointed," Mark Vanstone, the father's lawyer, said.

 A publication ban protecting the baby's identity prohibits the printing of
the father's name, the mother's name and the names of the Prince Albert,
Sask. couple who took custody of the child shortly after his birth last
April.

 Although it may seem counter intuitive that the father's biological link to
his son did not carry more weight, Canadian courts have for decades put the
"best interests of the child" ahead of blood ties.

 "I conclude from all the evidence, without hesitation, that [the baby's]
best interests are served by granting custody to the [adoptive parents,]"
Judge Smith wrote.

 "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."

 The father and the baby's mother, who dated on and off for less than a year,
broke up in November, 2005.

 The father was not aware his former girlfriend was carrying his child until
a relative of the mother tipped him off shortly before the boy was born.
At that point the father and his new fiancé began a pitched fight to be in
the boy's life. A DNA test confirmed the father's paternity.

 Meanwhile, the mother signed over custody to the Prince Albert couple.
The couple's lawyer, Dale Blenner-Hassett, said they are "very relieved" at the decision.

 "They feel it was the right decision, and for the right reasons," he said.

 He said the couple has not yet decided whether they will allow the father to see his son over the next year.

 A visit previously scheduled for this morning did not go ahead, Mr. Blenner-Hassett said.

 The father is scheduled to speak at a press conference at his lawyer's Saskatoon office at 3 p.m. ET.

Mercy to the Guilty is Torture to the Victims

Lise

That really sucks, Russ. They should not have barred the child's biological father from seeing his own kid. That's wrong and definitely 'not' in the child's best interest. I mean, he didn't even know his GF was pregnant at the time.

  That kid will be messed up once he hits his adult years. He might blame his adoptive parents when he's older.
Always end the name of your child with a vowel, so that when you yell the name will carry.
Bill Cosby.

Sportsdude

 There's nothing the father can do about it.  The mother signed away rights.  You don't have to tell someone you are pregnant.  The baby is sole custody of the adoptive family now.

This goes under the same file of your pregnant you sign away the baby to a couple and then a couple months later after the baby is born you want the kid back.  You can't do that.

Yeah I know that the father is angry that the girl never told him but thats how it goes.  Its within her rights to tell him nothing. And plus they dated off and on obviously she got pregnant before they broke up and then didn't get back together.  So she just moved on.
My cousins did that with there kids the fathers have no legal rights to the children.  One of them is insane and the other is a drug dealing dad who has another kid but could care less about his daughter.  So my uncle didn't push for child support of any kind because then that gives the dead beat fathers a window to take the children down the line.


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

purelife

The father was not aware his former girlfriend was carrying his child until
a relative of the mother tipped him off shortly before the boy was born.
At that point the father and his new fiancé began a pitched fight to be in
the boy's life. A DNA test confirmed the father's paternity.


 
 The ex was so f*cking cruel.  How could she do that to him?  How can she assume that HE doesn't want to be a part of the child's life?  Ok, I understand that the relationship broke down, afterthefact, but the child should not be punished for the adult's problems.  That is totally unfair.  She should've discussed this pregnancy with him no matter how much anger and tension there might have been in that relationship.  

 She's cruel and evil.  Oh, I hate people like that.  Makes women look bad.

 If I ever broke up with my guy and I so happened to find out that I was pregnant, he'd be thef irst to know.  If I can't find him, I'll contact his family members to find him.  At least, we can then discuss what the next steps should be.  Ie, abortion or not.  

 Oh, that's just so uncalled for.


Lise

Agreed. I bet she did it to spite him.
Always end the name of your child with a vowel, so that when you yell the name will carry.
Bill Cosby.

purelife

I would've just aborted that "potential" baby if the father was not reachable.  

Sportsdude

I'd have done the same. pl. What it sounds like is that the mother signed away the rights before the father knew but as I said earlier the mother doesn't have to tell the partner anything. Rightly or wrongly thats the truth.  
"We can't stop here. This is bat country."

purelife

I have to look that law up, SD.  It just doesn't sound right.  I couldn't just not tell my patner no matter what arguments/feud I was in.  

Sportsdude

Its the law.  My cousin didn't tell the father of her kid (the drug dealer) until the baby was born and they ran into each other on the street somewhere (he was probably looking to hook up with her again).  But yeah they never told him but then again he's a dead beat and he didn't care. so....  
"We can't stop here. This is bat country."

purelife

Yeah, but is it Canadian law as well?  Municipal?  Federal?

Sportsdude

If its the law in social conservative Kansas I bet its the law in Canada and BC.  Thats just my hunch.  
"We can't stop here. This is bat country."

Russ

I almost 100% sure he's right PL.. Thats another thing I mentioned.. after a few years if she then decides she needs money. She has recourse to nail him for child support.. for back childsupport too. Even if she never told him or included him in the baby's life.      
Mercy to the Guilty is Torture to the Victims

purelife

Hmm, that's terrible.  I don't know how she can live her life knowing that she did that to him and to herself.  It's just not right.... not right at all, imo.  There, my 2 cents.

Sportsdude

 Yup. I've seen a ton of celebrity cases where a girl shows up 8 years later and says "You my baby's daddy" celeb goes no way. They go to court to have a dna test, dna test says 'yup he's the baby's daddy' and he pays x amount in child support until the 'baby' is 21.  
"We can't stop here. This is bat country."

Sportsdude

Yup purelife it is terrible.  But nobody said life was fair or easy.  The father in the case looks like he's getting married so he can start his own family now.  Thats probably what the court said.  Plus if he's a young kid lets say my age and this was me, they'd take the adoptive parents in a heart beat because they're most likely financially stable.  Always have kids when you have a good financial footing.  
"We can't stop here. This is bat country."