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Old 04-02-2013, 04:37 PM
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Default Correction to birth certificate...missing father info

So, I thought I'd ask...

In my quest to obtain documentation, that the ex refuses to provide to me (joint custody), in order to obtain D4 a SIN #, I found out that D4's birth certificate has no information listed for me (the father).

The ex left my info off the form.

I wish for this to be corrected. How should I proceed?

- already spoke with Service Ontario, to find out my options, and apparently, it can only be "ammended" with Mom's agreement, and she has to sign off on it, to have father's info added?

- I highly doubt that will be forthcoming

I was present at D4's birth, in the hospital, but nowadays you get a packet to do all the registration stuff, and apparently Mom did this without me, online? I'm guessing to ensure that D4's lastname did not include any part of mine (we didn't agree on lastname, she did the last minute switcheroo towards the end, I was kind of resigned she wouldn't agree anymore on that). I did not think, that she would exclude listing me at all.

I'm guessing, this would need to be addressed in a court motion, ordering the certificate to be ammended. Is DNA a requirement before any such motion? Or would they just need Mom to agree and state I am Dad. It's late in the game now to question paternity (I'm Dad in D4's eyes), and I don't really question it, but at same time part of me wonders why Mom would exclude listing me.

And I guess technically, I could be requesting to ammend the certificate, with incorrect info, although I would hope that is not the case here, so perhaps DNA would be required by court, for such a motion?

I did look on CanLII (posted links in another thread on here), where motions were done, to have the name and parentage corrected.
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Old 04-02-2013, 09:30 PM
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All births in Ontario are registered at the Thunder Bay Office. I would suggest calling the office directly with your request; they will deal with your situation more frequently than a Service Ontario office.

Toll Free: 1-800-461-2156 OR 1-416-325-8305
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Old 04-02-2013, 10:13 PM
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I had to get a court order to have this done. But no DNA test was required - I think that would only be required if mom was denying paternity - which is extremely unlikely after 4 years.
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Old 04-03-2013, 10:13 AM
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Quote:
Originally Posted by mom2three View Post
All births in Ontario are registered at the Thunder Bay Office. I would suggest calling the office directly with your request; they will deal with your situation more frequently than a Service Ontario office.

Toll Free: 1-800-461-2156 OR 1-416-325-8305
Yes, that is the number I called.
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Old 04-26-2013, 11:45 AM
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Update: (not much of one, yet)

I had to obtain through mail, the proper forms to "ammend" D4's birth certificate, to also list Dad's info (me). However, it's a form that Mom has to agree and sign to, as well. So, this likely will not go anywhere.

(for some reason, the government needs Mom's permission to correct the certificate, but it doesn't need Dad's permission, for Mom to lie or omit, on the original application - I digress)

Form 34 "Application to ammend a birth registration to add a parent's information", for those interested.

Anyway, I'll fill it out, and forward it to Mom, with a request to have her help correct this, so I have the request documented.

But I don't expect that will go anywhere. If she won't help correct it, then it will be included as part of future motion.
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Old 04-26-2013, 02:03 PM
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Read this:

CanLII - 2008 CanLII 36912 (ON SC)

There have been challenges, most of which have succeeded, to this issue, where the mother lists the father "unknown" and then puts their own name in. I recall one judge stating something to the efffect that allowing this was "equal to turning fathers as second class parents" (or something like that).

If the ex won't sign, you can file a motion in court to have the courts order that the b/c be changed.

A couple quotes:

From the Supreme Court of Canada -

Quote:
In Trociuk v. British Columbia (Attorney General), 2003 SCC 34 (CanLII), [2003] 1 S.C.R. 835, the Supreme Court found thatsections 3(1)(b) and 3(6)(b) of the Vital Statistics Act, R.S.B.C. 1996, c. 479, were unconstitutional as they constitute discrimination on the basis of sex and are not saved under s. 1 of the Canadian Charter of Rights and Freedoms, being Part 1 of Schedule B to the Canada Act 1982, c. 11 (U.K.). The Vital Statistics Acts of Ontario and British Columbia are very similar. The relevant British Columbia legislation reads, in part (emphasis added)
Quote:
“. . . Deschamps J., writing for the Supreme Court in Trociuk, concluded that: (1) “A birth registration is not only an instrument of prompt recording. It evidences the biological ties between parent and child, and including one’s particulars on the registration is a means of affirming these ties” (see para. 16); (2) “Contribution to the process of determining a child’s surname is [a] significant mode of participation in the life of a child. For many in our society, the act of naming a child holds great significance” (see para. 17); (3) A father who is arbitrarily excluded from [naming a child] would reasonably perceive that a significant interest has been affected” (see para. 18); (4) “. . . the reasonable claimant in the father’s position, apprised of all relevant circumstances, would observe that the impugned provisions impose a disadvantage on him that they do not impose on a mother. It would be reasonable for him to perceive that the legislature is sending a message that a father’s relationship with his children is less worthy of respect than that between a mother and her children . . . [and] would perceive the message to be a negative judgment of his worth as a human being”


The judge in the case sited:

Quote:
conclusion
[24] In my opinion, it would bring the administration of justice into disrepute, be manifestly unfair to thefather and not be in the best interests of the child, if I were to enforce the child-naming provisions of Ontario’s Vital Statistics Act where British Columbia’s virtually identical statute has been ruled unconstitutional as amounting to discrimination on the basis of sex.[4]
[25] The right of a mother to arbitrarily exclude the father in the naming of their child is a breathtaking example of sexual discrimination, leaving the father without recourse (short of the application launched)[5]and rendering him a second-class parent. It is not in the best interests of a child to have his or her parents differentiated in this fashion. There will be obvious instances where it will be entirely appropriate for a father to be unacknowledged and for a child to be given only the surname of the mother[6] — but this is not one of them

Last edited by HammerDad; 04-26-2013 at 02:08 PM.
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Old 04-26-2013, 02:55 PM
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Thanks HammerDad...

Yeah, I had already discovered that case link, and had read through it. So, that will be something I address through a motion, if Mom doesn't sign. I just wanted to document reasonable attempts first, at having her sign it.


So these case links... if someone does a motion, and we see all this previous case-law that applies in our situations, how does one present that? I mean, is it just good enough, knowing that other case-law points to decisions that favour what we want in a motion, therefore our position should be strong? Or when we make a motion ourselves, are we supposed to point out, these prior case-law decisions, as some kind of reference?

I would think, that would be unnecessary..citing these to a judge? Is that showing you've researched this, or is that just unecessary?


If I have to motion this, and take this to court, I would think I would just want to ask for the lastname to by hyphenated, given all the issues I keep having with Mom. Almost as a reminder to both of us, that there are "two parents" for D4.
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Old 04-26-2013, 08:36 PM
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I actually had to go through this as well.

My ex had her father fill out the information online (even though I had my computer with me and internet access to do it at the hospital) because she didn't want our daughter to have my last name. When her father filled it out (illegally as her) he purposely left my name off because if you disagree with the last name it's automatically hyphenated alphabetically. If your name is Jones and hers is Smith you can agree to any combination of Jones-Smith, Smith-Jones or just one of the names but if you don't agree it would be Jones-Smith automatically.

If the mother won't agree to the amendment (Mine eventually did after I filed court papers) you would need to file a motion and if she denies you as father then you would also need to request paternity.
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Old 04-26-2013, 10:06 PM
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Quote:
Originally Posted by oink View Post
It blows my mind why any parent will refuse to add the name of the biological dad/mum to a kid's birth cert

Oh my gawd people...enough already, talk about being manic.

I am going to say it again, people should be made to require a license to have kids, just like you do to get married. Once you've passed all the psychological, competency, and parenting class, then you are good to go.

Anyone disagrees? Let's hear your arguments then
I AGREE with you Oink. What is manic about this situation is the law really that does not allow the other parent to be added without the other parents approval.

People do stupid things. I have been one of them (mind you not with birth certificates). Doesn't mean they continue on the path of stupidity; law ought to prevail.

This is really one of those times where a law needs to be changed. Really, how much does it cost to change a law versus the expense of so many of these matters going to court?

Law (which I have NEVER written): If paternity is proven, and other parent wishes to be named on certificate, he can do so without approval. Without approval (of dumb ass who didn't add him), childs new name becomes Moms last/Dads last.

And I use the term approval lightly. dad2bandm, I feel for you. No one should have to deal with such petty crap. It is petty in the sense that COMMON sense should dictate what is right. When common sense no longer prevails the courts have to step in, or the legislature.

What fascinates me about this is if one were to probe the public about it they would be astounded; couldn't imagine such a thing happening I am sure. They just assume it is a given and forget about Dads like yourself having to spends thousands to prove it (notwithstanding your payment of child support). UGHHH.

Is it time to be a political advocate? Speak to your MPP. If you don't I just might.....this gets up my craw quite frankly.
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Old 04-26-2013, 10:11 PM
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Quote:
Originally Posted by oink View Post
I am going to say it again, people should be made to require a license to have kids, just like you do to get married. Once you've passed all the psychological, competency, and parenting class, then you are good to go.

Anyone disagrees? Let's hear your arguments then
Oh I completely agree with you, so I have very few arguments. Well, none, but I can guess at a few things that people who would oppose it might say.
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