Staff Reporter
An Ontario Superior Court judge has ordered a Toronto man to continue paying child support even though a DNA test shows he is not the biological father of his ex-wife's twins.
In her ruling, Madam Justice Katherine van Rensburg decided that even though Pasqualino Cornelio did not father twins – now 16 – with Anciolina Cornelio, he must continue to pay child support because "he was the only father the twins knew during the course of the marriage."
Pasqualino began paying child support in 1998, after the couple separated.
In 2002, the two agreed to joint custody, when they also settled that he would continue to provide monetary support.
But after Anciolina asked for an increase in payments and a reduction in the time he spent with the children, Pasqualino demanded a DNA test.
When the results showed Pasqualino was not the father, he asked to be excused from paying child support and demanded he be reimbursed for tens of thousands of dollars that he had paid in the past.
He claimed that their 2002 agreement failed to disclose that Anciolina had an affair while they were married, calling it an act of fraud or misrepresentation.
But according to van Rensburg, it should not be a question of whether he is the biological parent, but rather whether he was considered a parent by definition.
"Cornelio denies knowledge of who the twins' biological father might be," van Rensburg said.
"In fact, she claims to have no memory of an extramarital affair preceding their birth, which she attributes to the medication she was taking at the time."
In the end, van Rensburg ruled in favour of Anciolina.
"The relationship that developed from the time of their birth was the natural relationship between a parent and his children," she said.
"The fact of that relationship – even if it has now become strained – is sufficient to require Mr. Cornelio to continue to contribute toward the children's material needs."
Because Anciolina can't remember the affair, she claims she has no idea who the twins' father is.
The judge concluded that the children should not suffer because of the parents' wrongdoings.
http://www.thestar.com/news/gta/article/563571
Originally posted by uzlessInteresting. Wonder what King Solomn in his wisdom would have done.
Staff Reporter
An Ontario Superior Court judge has ordered a Toronto man to continue paying child support even though a DNA test shows he is not the biological father of his ex-wife's twins.
In her ruling, Madam Justice Katherine van Rensburg decided that even though Pasqualino Cornelio did not father twins – now 16 – with Anciolina Cornelio, he must co ...[text shortened]... e of the parents' wrongdoings.
http://www.thestar.com/news/gta/article/563571
Originally posted by uzlessif he had the money, he could get it overturned in a higher court, this is another example of how wacky the court systems can get.
Staff Reporter
An Ontario Superior Court judge has ordered a Toronto man to continue paying child support even though a DNA test shows he is not the biological father of his ex-wife's twins.
In her ruling, Madam Justice Katherine van Rensburg decided that even though Pasqualino Cornelio did not father twins – now 16 – with Anciolina Cornelio, he must co ...[text shortened]... e of the parents' wrongdoings.
http://www.thestar.com/news/gta/article/563571
I think perhaps the mother should get a job and provide for her own children. Especially considering that they are old enough to fend for themselves. Wait a second, can't they get jobs themselves? Why does this man have any responsibility towards these people? He has already given them 16 years of his life.
Originally posted by uzlessIn many states in the US, the liable parent is the one listed on the birth certificate regardless of later DNA tests.
Staff Reporter
An Ontario Superior Court judge has ordered a Toronto man to continue paying child support even though a DNA test shows he is not the biological father of his ex-wife's twins.
In her ruling, Madam Justice Katherine van Rensburg decided that even though Pasqualino Cornelio did not father twins – now 16 – with Anciolina Cornelio, he must co ...[text shortened]... e of the parents' wrongdoings.
http://www.thestar.com/news/gta/article/563571
Originally posted by cashthetrashI'm probably over-simplifying it but it has to do with the establishment of parentage. In the case mentioned in the OP, the husband was listed on the BC, and assumed all the rights, responsibilities and authority over the child as the father.
Seems strange if the document has been proved latter to be false.
If he didn't want to pay child support, he would have to terminate his parental rights and would have no say with regard to visitation, medical issues, etc.
ETA: I know the OP references a Canadian case. I'm just going on what I understand of some US state laws, which, admittedly, isn't much.
>Family law in Canada is a total mess. I have not seen my daughter since 1987 when she was four, and I saw her very seldom between the age of 11 months and 4 years, all because court orders for access to a child are not worth the paper they are written on. They cost tens of thousands of dollars to obtain and pursue, but they are worthless.
>Access orders are unenforcable and I had to sit in the court and listen to the judge rule as follows:
"Whereas it is in the best interests of the child for the father to have access to the child, it is however not in the best interests of the child for the court to enforce the father's access order."
>The administration of justice is therefore in disrepute, and I am fed up with federally appointed judges who have no respect for themselves because they have no respect for their very own court orders, or for the law.
>And I am fed up with politicians who refuse to address the issue.
Originally posted by AttilaTheHornThat sucks. I'm really sorry.
>Family law in Canada is a total mess. I have not seen my daughter since 1987 when she was four, and I saw her very seldom between the age of 11 months and 4 years, all because court orders for access to a child are not worth the paper they are written on. They cost tens of thousands of dollars to obtain and pursue, but they are worthless.
>Access ord ...[text shortened]... t orders, or for the law.
>And I am fed up with politicians who refuse to address the issue.
Originally posted by cashthetrash>Unfortunately, such rulings are unheld by appeal courts, even the Supreme Court, so that everything is based on lies. It only goes to show what I said in my previous post, that all family law is a total mess. Nothing makes sense either from a logical and sensible point iof view or a legal one.
Seems strange if the document has been proved latter to be false.
>The court itself is in contempt of court for not respecting its very own court orders, and everything is nothing more than a make-work project for lawyers who give false and misleading legal advice to justify their 6-figure legal bills, thereby extorting tons of money from innocent fathers.