Groundbreaking ruling in gay custody case
You need a scorecard to keep track of this one, but the bottom line is clear enough: a bio mom and bio dad want their child to themselves, and the man’s ex-partner (who is a gay man) is declared to be a parent and the father isn’t. Unbelievable.
In what’s being called a groundbreaking ruling, a gay Calgary man has been granted legal parent status in place of his ex-partner, the child’s biological father.
In part of a five-year constitutional battle involving the now eight-year-old girl, Court of Queen’s Bench Justice Suzanne Bensler ruled the man identified as H. is a parent instead of his gay ex-partner, R.
Remaining the other parent, stated Bensler in her Oct. 12 decision, is the girl’s biological mother, D. who along with R. has been fighting the case against H.
“Should Mr. R wish to pursue parental status … he will be required to challenge the constitutionality of his limitation,” reads the ruling that includes a publication ban on names that could identify the child.
But Bensler states the physical guardianship status of R., “who has acted as primary caregiver following separation” won’t be changed by the ruling.
The two men split in 2006 and have since been locked in a court fight that H. says has left him homeless and acting as his own lawyer.
In her decision, Bensler noted H. had served as one of two caregivers for the first three years of the girl’s life, adding she sees shortcomings in Alberta’s legislation regarding the rights of gay male parents.
“It is clear that in the case at bar a legislative gap exists,” she wrote.
The ruling granting parenthood to a gay male non-biological figure amid two separate guardians is unheard of in this country, said Edward McCann, lawyer for R. and D.
“It is fair to say it’s unprecedented in Canada … the judge’s decision has to be respected,” said McCann.
But he said H. failed to achieve most of what he sought, with H. admitting his bid to strip D. of guardianship failed.
“But our case is pushing” reforms to Alberta’s Family Law Act towards equal rights for gay male parents, said H.
His current partner, G., said their fight continues for the parental recognition of non-biological gay men in Alberta.
“In a 2005 case involving two gay females, the government didn’t appeal,” said G.
The fight, said H. who insists he hasn’t seen his daughter in 4-1/2 years, has been difficult for him and the girl.
“It’s a gong show — my daughter doesn’t know who I am,” he said.
“The kid’s been ripped apart.”
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Who actually PARENTED the child? That person is the parent.
In her decision, Bensler noted H. had served as one of two caregivers for the first three years of the girl’s life, adding she sees shortcomings in Alberta’s legislation regarding the rights of gay male parents.
But our case is pushing” reforms to Alberta’s Family Law Act towards equal rights for gay male parents, said H.
See the total disregard for the best interests of the children as if kids have no rights. All they care about is the selfish sexual desires that they have.
“It’s a gong show — my daughter doesn’t know who I am,” he said.
“The kid’s been ripped apart.”
Your daughter knows that you are a selfish greedy man who put his sexual desires ahead of what is best for the child. It is you who has ripped the child apart.
But who actually parented the child? Isn’t that the main question? If you’re just a sperm or egg donor, that’s not parenting. Kids form bonds to adults who parent them. Break those bonds, and harm the child.
And we all want what’s best for children, right?
I wonder if this case reflects “Canadian values.”
If our identity is formed genetically, then fathering a child actually does count. Kids have the characteristics of their genetic parents. They are, in the popular phrase, “born than way.” It is therefore in the interests of the children that the law recognize genetic relationships and impose burdens of responsibility on those creating children as well as recognizing rights of paternity that correspond to these burdens. The proper legal resolution for transferring a child from its biological parents to other parents is adoption. This case is hardly a showcase for the merits of novel relationships either for the child or the adults.