Groundbreaking ruling in gay custody case

[Dan82]

http://www.calgarysun.com/2011/10/19...y-custody-case

In what’s being called a groundbreaking ruling, a gay Calgary man has been granted legal parent status in place of his ex-partner, the child’s biological father.

In part of a five-year constitutional battle involving the now eight-year-old girl, Court of Queen’s Bench Justice Suzanne Bensler ruled the man identified as H. is a parent instead of his gay ex-partner, R.

Remaining the other parent, stated Bensler in her Oct. 12 decision, is the girl’s biological mother, D. who along with R. has been fighting the case against H.

“Should Mr. R wish to pursue parental status ... he will be required to challenge the constitutionality of his limitation,” reads the ruling that includes a publication ban on names that could identify the child.

But Bensler states the physical guardianship status of R., “who has acted as primary caregiver following separation” won’t be changed by the ruling.

The two men split in 2006 and have since been locked in a court fight that H. says has left him homeless and acting as his own lawyer...




http://www.calgarysun.com/2011/10/19...y-custody-case

[Just Adam]

I dont really understand. A guy ehos been made homeless and poor fighting for custody of a child thats not biologicaly his has won custody. It says he helped raise her for the first 3 years of her life. But hes won custody over the birth parents and it doesent state why.

---------- Post added 22nd Oct 2011 at 01:25 AM ----------

Im not sure this i a good ruling but i dont know the details