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  • Mother's Rights

    1. I read somewhere that "There is no law to compel a mother to inform the father about a pregnancy". Are there any laws regarding informing a father of a child?

    2. Can a judge order a mother to reveal the identity of a biological father to the "in loco parentis" father for the purposes of sueing for child support?

  • #2
    This is an excerpt from the Criminal code of Canada.

    Fraudulent concealment
    341. Every one who, for a fraudulent purpose, takes, obtains, removes or conceals anything is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.


    This can and has been applied in family law cases.
    Although the onus is on the mother to provide all possible info on paternity, the suspected father against whom the order for support is made, can, with reasonable explanations, request that the courts order a test for establishing paternity for teh purpose of establishing CS.

    The laws also include False Pretences, and if one gains from this, (IE Child Support) it is technically an indictable offense. Would this happen in Family law? Probably not, but can be used to establish dishonesty for the sole purpose of gaining support.

    Comment


    • #3
      if the woman doesn't want to reveal the father then she should not be allowed to get any sort of government help or etc for that child. There really is no way to force her to tell, she may have her reasons. The man may be the scum of the earth, a pedophile, or maybe she just isn't sure who the father is.

      I know that I will get some backlash for my comments, that all fathers have a right to know etc. Remember before you start to attack me and my post that I never said anything about normal men who would be a positive influence on the childs life, just bad men.

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      • #4
        I found this searching case laws,

        Declaration
        20(1) Subject to subsection (7), any person having an interest may apply to the court for a declaratory order that a man is or is not in law the father of a child whether born or unborn and notice of the application shall be served forthwith on the Director of Child and Family Services appointed under The Child and Family Services Act.

        Order
        20(3) Where the court finds on the balance of probabilities that a man is or is not the father of a child, the court may make a declaratory order to that effect.

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        • #5
          FL (First comments) - I am not sure I can make any sense of this arguement whatsoever. Not really certain that you are making any reference to the questions at hand. It sounds to me like family law is not a strong point for you. Mainly because of the personal gains aspect. I don't suspect providing a child with financial support from the "fathering party" who has been so for the entire duration of the child's life....warrants false pretences, fradulant concealment or personal gain.

          Comment


          • #6
            Fl can swing in any direction and hinges on far too many factors to warrant any "finite" answer.

            There is no laws in place that would definitively answer you first questions however, if one has a lawyer able to manipulate laws to their clients favour then they will, and that is what I was referring to when quoting case law above, albeit criminal in nature.

            I am by no means a lawyer nor do I claim to be a professional at FL.
            I only know what I have experienced over the years from being an ex wife to being the second wife as well as education via multiple sources IE case laws.

            If an individual has "acted" in place of a parent for the duration of a child's life they are basically responsible for them financially and entitled to access.

            As for laws stating one is compelled, there are none in FL, however, FL lawyers have used the criminal laws to their favour to essentially do this in FL cases.
            A court can and have ordered paternity or other disclosure for that purpose.

            Comment


            • #7
              Timely question. There is a story in the news today about a father of 16-year old twins who, 10 years after the divorce, did a paternity test and discovered that he is not the biological father:

              globeandmail.com: Man who didn't father twins must pay child support

              He was ordered to continue to pay child support as he had filled the role of father to the children for all their lives. When questioned about the biological father, the mother claimed not to remember having had an affair...

              Comment

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