The Law is an Ass... Part 4,642
Hey, here's a crazy idea... how about we find the guy "who actually did the deed"... and make HIM pay...
A Toronto man is on the hook to pay child support, notwithstanding a DNA test that proved he is not the biological father of his ex-wife's twins, an Ontario Superior Court judge has ruled.*
Madam Justice Katherine van Rensburg ordered Pasqualino Cornelio to continue paying child support to the 16-year-old twins – regardless of whether he was bamboozled by a philandering wife.
6 comments:
I love the part where the woman says she forgot all knowledge of the affair due to medication she was taking. HA. How ridiculous is that. The dates and times of the encouters MAY be a little fuzzy now, but I bet she still knows the guy's name.
Her forgetfulness is likely her lawyer's suggestion to avoid the very scenario you encourage. When there is no one else to extort money from, the courts must pick someone for the 'best interest of the child', which is a pretty sneaky way of saying Dad will pay but have to fight tooth and nail for any sort of equal parenting rights.
I can hear the family court judge now.
Hearing#1:
"But sir, you are not the biological father, you have no legal right for visitation or custody."
Hearing#2:
"But sir, you were the de-facto father for 16 years. The court rules that for the purposes of extracting money from you we will continue to deem you their father."
I would recommend that no matter what your relationship with your wife, getting a paternity test by stealth might be a good idea, but then I'm also unlikely to take my own advice.
What is this knowledge having on the twins. How long has he known he is not the father.
Sometimes I think the hate and revenge and desire to get even or hurt the former spouse, that lasts for a lifetime, is no different than the muslims hate for the Jews.
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how about launching a civil suit to recover the money... compelling the former "boyfriend" to pony up dna.
why shouldn't the biological father have to be responsible here?
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Actually, the man should sue in Tort for negligent misrepresentation, and possibly intentional infliction of nervous shock.
If this goes to the Supreme Court, he's gonna lose.
Why?
Because this is just one more in a string of rulings over the past ten years that ensure children receive child support, regardless of the circumstances. While I disagree with the ruling, it's important to remember the courts look at these issues with priority on "the best interests of the child" as well as the status quo: in short, while what mom did was utterly despicable, (and apparently the only people who buy the argument that she has no memory of the dude she had an affair with who is actually the biological father are, well, judges) the status quo in this case is that this man has been paying support for a number of years so to have him suddenly stop paying support would upset the status quo thereby having a negative impact on the best interests of the children.
Very simply: courts in Canada RARELY upset the status quo regardless of whether it is child support or custody and access... the status-quo is presumed to be in the best interest of the children and that's-that.
My advice to young men: wrap it up. Wrap it up twice. Don't shack up with a woman who has kids from a previous relationship because if you act in the place of a parent, you're liable for child support. Don't enter into a commonlaw relationship and have kids... ever. You will have no rights as a father. Finally, if you want to get married, do not marry her if she refuses to sign a prenuptial agreement... it's just not worth the risk.
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grumpy... i hear what you're saying.
my only point here is, if there's a way to determine who the actual father is... (cough, cough... dna), then why should the biological father get off scot-free?
oh yeah... try not to marry a whore... that helps too.
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