Main | Thursday, October 20, 2011

CANADA: Court Grants Custody To Former Partner Of Child's Biological Father

In what's being called a precedent setting ruling, a Canadian gay man has won custody of the child he helped raise with his ex-partner, the girl'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.
(Tipped by JMG reader Rowan)

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