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  • What to do...

    My ex and I have been separated for about 4 years now. We have hammered out most issues and things have been going well. Yesterday, my ex phoned and asked for a copy of our son's birth certificate. I asked why and my ex said that it was so his mother could apply for Indian status for our son. My ex explained to me that his mother knew someone from a band that was going to try to get them registered for Indian Status and this guy was going to come to their house and do the paperwork. I had read the Indian Act and from the laws, I didn't figure there was any way my son could get legal Indian status since he's only like 1/16th native. I was concerned why someone coming to some else's house would ask for a copy of a birth certificate when the registration requires a long form birth certificate and both parents signatures. My ex came to the door and demanded a copy of the certificate. I refused because I didn't have any information and was not about to have my son's info given to a complete stranger. My ex started being verbally abusive, swearing and yelling at me to the point of tears in front of my son. I told him to not swear and stop yelling and that the police had been called (which they were on their way). My boyfriend told him that he should leave and he was being spiteful and abusive. My son is not used to anyone yelling or arguing in front of him and he was really quite upset at this. My ex seems to think that he has sole custody, making decisions without notifying me and not respecting the joint custody that we have. I strictly adhere to the provisions of our agreements and I maintain everything in writing as a backup. My ex had left when the police arrived and I had told them that he was verbally abusive and I had a witness to the altercation. What I am wondering is if there is any legal recourse I can do to get him to abide by the joint custody arrangement and make him involve me in any decisions regarding our son. The reason my ex wants Indian status is because he needs the free medical portion of the benefits. He has chron's disease and has exhausted all his means to get his medication. I just don't like the fact that he is going to give someone our son's most important information to someone I don't know and for a process that doesn't seem legit.

    Any response to this would be greatly appreciated....

  • #2
    Why not just make a copy and give it to him? If you have joint custody, he is entitled to have it.

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    • #3
      Dadtotheend is correct, he is entitled to a copy of the birth certificate.
      He can in fact file for a copy on his own, my husband applied for the long version when he was having difficulty with his ex over the use of his name when registering the child for school, anyway, he filed for a copy paid the proper fees and did not require any request fro the ex or any permission or signatures either. Any biological parent can apply for an receive a copy of their children's birth certificates provided them provide the proper forms and information and fees.

      The part about providing personal info of your son to a stranger is a little scary however, I would expect that the individual receiving the application would be bound by privacy laws when collecting and submitting the application for the son.

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      • #4
        I have to agree with what Dad and FL has mentioned here.

        I believe your ex is attempting to have your son listed as a non-status native and paperwork such as baptismal certificates or long form birth certifices are required to demonstrate a biological link most likely to your ex. No doubt the paperwork is in place between your ex and his mother and so forth all the way to schedule A census. of years gone by.

        For most of the first nations in Eastern Ontario blood quantum is not an issue and has been abolished as the criteria to qualify and be considered a non status native.(Your son doesn't live on the reserve) therefore it would be non-status.

        Your son will eventually be allowed native privileges such as hunting and fishing rights and perhaps may in his lifetime or his children's lifetime be entitled to a share of the ongoing land claims if settled.

        To me its not a bad thing and I would definitely support it if it was my child. However, its your child and only you and your ex would know what is in your child's present and future best interests.

        LV

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