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  • Breastfeeding

    I have an OCL meeting coming up. Currently, I exclusively breastfeed- in fact, there aren't any bottles or other ways to feed my baby at the house as I am planning to breastfeed for several more months. What are my legal rights to this at an OCL disclosure meeting? How about in the family courtroom. I can't find any information on this. My city in Ontario is touted as a breastfeeding friendly city...if that helps.

  • #2
    breast pump? how old is the kid? (please don't tell me a toddler)

    Failing that can't you just request a break every few hours?

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    • #3
      Just an infant, and no I don't pump as I don't want to introduce a bottle this early on.

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      • #4
        "infant" meaning less than 6 months old?

        If memory serves me correctly (and it's been some years!) you should be ok with feeding every 2.5 - 3 hrs.?

        You may have to go to a breast pump. Sometimes we have to do things we don't want to do. Sucks (pardon the pun) but that's life.

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        • #5
          A quick scan on internet ... Ontario and BC have provincial laws regarding breastfeeding.

          Ontario Rights Commission - look it up online for more information for information on your right to breastfeed pretty much anywhere.

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          • #6
            Originally posted by madm82 View Post
            Just an infant, and no I don't pump as I don't want to introduce a bottle this early on.
            How do you plan on allowing your child to have meaningful access to his or her father if you will not consider a bottle?

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            • #7
              Originally posted by madm82 View Post
              I have an OCL meeting coming up. Currently, I exclusively breastfeed- in fact, there aren't any bottles or other ways to feed my baby at the house as I am planning to breastfeed for several more months. What are my legal rights to this at an OCL disclosure meeting? How about in the family courtroom. I can't find any information on this. My city in Ontario is touted as a breastfeeding friendly city...if that helps.
              Here is what the court has to say. You can put away Dr. Newman's book, Dr. Sears book and come to a realization that your "attachment parenting" theory will not hold much, if any, weight before the court.

              Fletcher v. Fletcher, 2003 CanLII 2121 (ON SC)
              Date: 2003-04-25
              Docket: 01-DV-33333
              URL: CanLII - 2003 CanLII 2121 (ON SC)
              Citation: Fletcher v. Fletcher, 2003 CanLII 2121 (ON SC)

              This breastfeeding however must come to an end at some point. The petitioner in an earlier affidavit indicated that she intended to breastfeed until at least the child was two years of age. Dr. Newmanís letter indicates that pediatrics recommend breastfeeding for at least a year with no upper limit. The petitioner will have breastfed for two years beyond the minimum recommended. This child is not an appendage of the petitioner. The child will very shortly have to leave the petitioner for day care, junior kindergarten and other outside relationships. It is important for the childís good that she learn to adapt outside of the petitionerís constant attention. The petitioner should therefore end breastfeeding over the next four months and the child should then experience overnight access with the respondent.
              At the end of the day the petitioner will likely be the custodial parent or primary residence as the respondent works full-time and the respondent will be awarded liberal and generous access including overnight, week-end and vacation access because breastfeeding canít go on forever and the respondent is a caring and responsible parent.
              Good Luck!
              Tayken

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              • #8
                Originally posted by Janus View Post
                How do you plan on allowing your child to have meaningful access to his or her father if you will not consider a bottle?
                I am married to the father- thank you

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                • #9
                  Originally posted by arabian View Post
                  A quick scan on internet ... Ontario and BC have provincial laws regarding breastfeeding.

                  Ontario Rights Commission - look it up online for more information for information on your right to breastfeed pretty much anywhere.
                  Thank you Arabian. It does not specify about during an OCL meeting or court. I would imagine- according to this however, and please correct me if I am wrong- that both the court and the OCL meeting have to allow me to continue to feed on demand, even if that means that they have to allow me to have frequent breaks to feed even out in the waiting room If not is is considered discrimination.
                  As for your other question, yes, my baby is literally just that- an infant, well below six months old

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                  • #10
                    My advice to you is to contact your local Laleche League, or contact a mid-wife or doula. They will be better able to answer about your right to breastfeed at the meeting than a forum dedicated to "separation and divorce" advice. If they can't give you a direct answer I'm sure they'll be better able to point you in the right direction to find it. You could probably call your local health nurse, or your Doctors office as well.

                    You've asked a question about "your rights to breastfeed a child at a specific (or throughout aeveral specific) meetings. This is not a question of a father having quality time with the child, however this is a "separation and divorce" forum so some members have given their advice as though you and the father are no longer together.

                    Good of you to seek an answer to your dilema, however more solid advice (or answers) would probably be found by contacting people who work, and are passionate, in the area of your question. I'm sure you wouldn't have thought to contact a Divorce Lawyer to guide you through your pregnancy and delivery.

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                    • #11
                      The obvious solution is to have your lawyer advise the other parties that you are attending with an infant child that is breastfeeding. Further to such, you will be required to take a few breaks and excuse yourself and child from the meeting, to that end.

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                      • #12
                        Originally posted by hadenough View Post
                        The obvious solution is to have your lawyer advise the other parties that you are attending with an infant child that is breastfeeding. Further to such, you will be required to take a few breaks and excuse yourself and child from the meeting, to that end.
                        Best advice and to the point of the original question. Thank you!
                        I found out, so I hope this helps someone else in the future. For the OCL disclosure meeting. If the op has an issue with it, it will be them who delays then, as I have no personal issue with it and I have no issue breastfeeding during the meeting either.

                        As for the courtroom, it is up to the judge if I'm allowed while court is in session, as I feel comfortable feeding there as well. If not, the judge has to allow as many breaks as needed and for how often as needed for feeding.

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                        • #13
                          Won't it get expensive, paying your and your ex's lawyers to sit around during your breaks? Also, I can't see a judge flipping around his schedule, trying to slot someone else in for 1 hour so that you can break, and he's not going to allow 'blank roster' time. And if it's only 30 minutes then it's definitely not usable time to the judge . Perhaps you can commit ahead of time to 2 shorter, split sessions? Still have the problem of lawyer time though - either paying for extra travel time (if split across days) or break time.

                          Comment


                          • #14
                            Originally posted by MiViLaLoco View Post
                            My advice to you is to contact your local Laleche League, or contact a mid-wife or doula. They will be better able to answer about your right to breastfeed at the meeting than a forum dedicated to "separation and divorce" advice. If they can't give you a direct answer I'm sure they'll be better able to point you in the right direction to find it. You could probably call your local health nurse, or your Doctors office as well.

                            You've asked a question about "your rights to breastfeed a child at a specific (or throughout aeveral specific) meetings. This is not a question of a father having quality time with the child, however this is a "separation and divorce" forum so some members have given their advice as though you and the father are no longer together.

                            Good of you to seek an answer to your dilema, however more solid advice (or answers) would probably be found by contacting people who work, and are passionate, in the area of your question. I'm sure you wouldn't have thought to contact a Divorce Lawyer to guide you through your pregnancy and delivery.
                            In the above provided jurisprudence from the Honourable Mr. Justice Quinn provides insight into the opinions of the court with regards to breastfeeding.

                            Even with an "expert" such as "Dr. Jack Newman" providing "evidence" to court on clinical opinion, the court holds a much different opinion and generally orders otherwise.

                            With regards to the professionals recommended:

                            1. The vast majority of the "experts" at the "local Laleche League" have no clinical background and are not clinicians.

                            2. Doulas are unlicensed people and until such time as they actually form a recognized college and act in accordance with the Medicine Act any "evidence" they present to court on their "lactation expertise" is about as valuable as your mother's brother's second cousin's opinion on lactation and breastfeeding requirements. In fact, if any of these "doulas" try to present themselves in any light as a "medical expert" they can face criminal charges for practising medicine without a license.

                            I would talk to the child's primary care physician and leave the unrecognised and unlicensed professionals personal opinions out of it all. If there is a medical need to perform a task, feed a child a specific food, etc... It should be on the solid advice of a licensed and registered clinician who is *qualified* to practice in that area of medicine.

                            Short of that the "friendly" advice of the Laleche League or a person representing them as a Doula is not medical and more political than medical in nature more than likely.

                            We all saw how much "influence" Dr. Jack Newman's medical opinion had on the court and he is touted by the community of activists in this movement as their guru often...

                            Good Luck!
                            Tayken

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                            • #15
                              Some additional jurisprudence on the matter of breastfeeding and also includes Dr. Newman's "advice". Whom thinks it is a good idea to recommend withholding overnight access to minor children and actually advises this to clients:

                              Cavannah v. Johne, 2008 CanLII 65587 (ON SC)
                              Date: 2008-12-08
                              Docket: FC 06-1950-00
                              Parallel citations: 64 RFL (6th) 203
                              URL: CanLII - 2008 CanLII 65587 (ON SC)

                              [22] Jen did not deny overnight access without consultation. She consulted Dr. Jack Newman, a pediatrician who operates the Newman Breastfeeding Clinic & Institute. Dr. Newman discouraged any overnight access until the child was two years of age.
                              [40] Despite the enormous commitment to this child by Carl, his contact has been restricted by the breastfeeding. He has shown patience with Jen’s desire to breastfeed the child, patience that has restricted his time with Kai. Now, due to the fact that the child appears to be thriving, Jen argues that there is no need to alter the status quo in a radical way. While status quo is important, the result for a baby would be to deny the father an equal opportunity to parent a child if he acquiesces to the mother’s request to breastfeed.

                              [41] It is clear in Jen’s evidence that she has not accepted the provision in section 20 of the CLRA that both the mother and the father are equally entitled to custody of a child. In an e-mail she sent to Carl on September 9, 2006, she states the following:
                              As time goes on there will be more opportunity for you to spend time with Kai. But a baby belongs with its mother, and if you had an understanding of the needs of a fully breast-fed baby and truly had Kai’s interests at heart, you would not be bringing this subject up again.

                              [42] Jen has been unwilling to give a timetable as to when the breastfeeding will end. She believed strongly, through medical advice, in the merits to Kai of breastfeeding; however, the breastfeeding has a secondary impact upon Carl in that it is used as an excuse to restrict his access. Kai is now more than twenty-nine months of age and is still being breastfed. Jen continues this practice not because of literature that suggests that it is important to breastfeed a child after the age of two, but rather because there is no literature suggesting that it is not in the interests of the child to continue this practice. Hopefully, Jen recognized the comment from her own mother, Millie with whom she lives who recognized the importance of the child having much contact with both parents. Millie testified that the continued breastfeeding was interfering with Kai spending time with Carl such that it was not in the best interests of Kai.

                              [43] The medical evidence that Jen presented supports the practice of breastfeeding until a child has reached his/her second birthday. Carl respected her views, but now the time has come for Jen to have greater consideration for the relationship between Kai and Carl. If she used a breast pump and provided the milk to Carl, he would be willing to give it to Kai.
                              Good Luck!
                              Tayken
                              Last edited by Tayken; 12-19-2012, 12:52 PM.

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