New Brunswick woman given sole decision-making authority in transgender father case

A Saint John, NB, woman has been granted more custody over her three-year-old son, despite claims from a transgender man (biological female) who calls himself the father. Despite being a transgender man, applicant KMR said he is the father of child LJAMR under provisions of the Family Law Act. Respondent JSK is LJAMR’s biological mother. “What is clear at this stage is that the applicant is not the biological father of the child,” said Court of King’s Bench of New Brunswick Justice Danys Delaquis in a ruling. Delaquis said the relationship between KMR and JSK has been tumultuous and violent. Because of the nature of the relationship, JSK decided to break up with KMR one year before her pregnancy with LJAMR. After breaking up with KMR, JSK began a relationship with her boyfriend JCGC, who is a biological male. She found out she was pregnant when JCGC was in drug treatment, which prompted her to break off the relationship with him. She admitted she resumed her relationship with KMR because she felt vulnerable and needed support. She alleged he “strategically placed himself in JSK’s life to be able to coerce his way onto the child’s birth certificate and be listed as a parent of the child.” To dispute the validity of the agreement, she said it was signed under duress and coercion and little or no weight should be given to it because she did not avail herself to independent legal advice. Her position is LJAMR should spend most of the parenting time with the biological parents who now reside in Saint John and are able to meet all of the child’s needs. The purpose of the interim decision is to find a reasonable solution until a final hearing happens. Despite the various allegations made by the parties, Delaquis said it is in LJAMR’s best interest to maintain some parenting time with KMR. JSK was forced into signing a parenting agreement in April, which provided 50/50 custody with KMR. This schedule was followed until June, although she testified it was chaos. In any event, she did not permit KMR to have any parenting time after June, which led him to file an application in July. While LJAMR does not have any major medical needs, Delaquis said he should have a routine. He said he believes the biological parents can meet his needs. Since birth, he has been going back and forth between the two homes. Delaquis said a reduction in the number of trips to KMR “will help achieve more stability and provide him with a better routine given his young age.” One of the important factors he examined was the relationship between the parties is poor. The affidavits filed to date and the testimonies of the parties at hearings confirm this fact. There is mistrust and skepticism towards their intentions. In his view, the poor collaboration and communication does not lend itself to what amounts to be a shared parenting agreement. He said he was concerned about the history of violence between the parties. KMR said he and JSK engaged in violence against each other. While he admitted he was violent, she has denied she was. Regardless, she continues to have ongoing concerns about how the history of her relationship with him might continue to affect LJAMR. Delaquis determined KMR can have parenting time with LJAMR every weekend starting on Friday at 5 p.m. until Monday at 7:30 a.m. or before he begins work or school. The parenting can be varied by the parties by consent in writing. “On balance, I find that it is in the child’s best interests for JSK to have sole decision-making authority in respect of all significant decisions affecting the child on an interim basis, including decisions in respect of the child’s health, education, culture, language, religion, spirituality, and significant extracurricular activities,” he said. “She may, at her discretion, consult JCGC and/or the applicant in respect of major decisions affecting the life of the child, but she nonetheless maintains sole decision-making authority.”

New Brunswick woman given sole decision-making authority in transgender father case

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