Another Interesting Judicial Ruling

I usually tailor my posts towards Canadian politics, but this story in the globe and mail caught my eye.

A Toronto man is responsible to for continued child support payments after a DNA test has shown he is not the biological father of two 16 year old twins. If this were the end of the story, it would be somewhat reasonable and not un precendented. This man raised two girls for 16 years as their father, and as such, should continue to be so. The story, however, is not over: the man did not know he was not the father. The mother had affair which resulted in her pregnancy, and ‘bamoolzed” the husband into believing they were his children.

The man, who has already paid child support for some 10 years, is claiming that he is a victim of fraud. This claim, however, was not sufficient for the court. The Judge concluded that:

“While the failure of Anciolina Cornelio to disclose to her husband the fact that she had an extramarital affair – and that the twins might not be his biological children – may have been a moral wrong against Mr. Cornelio, it is a wrong that does not afford him a legal remedy to recover child support he has already paid, and that does not permit him to stop paying child support”.

The judge went on to argue that child support is ” the right of a child even if a parent behaves poorly”. These are indeed strong words from the judge: possibly too strong. I would have been much more comfortable with the judge arguing that the father had a legal obligation to pay, but to say that the children have the right  to child support, that may be going overboard.

Like it or not, this is the age we live in: the age of rights.