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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
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Experience:  25 years in practice
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Here is a bit about my situation. My daughters biological

Customer Question

Hello, here is a bit about my situation. My daughters biological father has not made contact or had any visits with her since September 5th of 2014. Since she was 1 years old. She is now 3. I have also not recieved child support for two plus years. In that time he has been absent, I have been with a new partner who has taken on all parental responsibilities of my daughter, emotional and financial. My daughter has referred to him as her dad for the past nine months, he is all she knows. I recently filed to have the agreement with the biological father in place to be set aside in whole as it has been a year plus of no contact in any way. My daughter doesn't even know her biological father at all. He replied stating basically that there was an agreement of parenting time in place, that I was not adhering to. (I never kept her from him, there was no attempt on his part to see my daughter after sending me a text message stating he didn't want any part in her life in September 2014) he also stated that he wanted to resume parenting time and had no intention of abolishing parenting rights. I am wondering what my rights are, as I know the new family law act puts first and foremost the best interest of the child. I am most worried about the emotional damage that would be done to my daughter having to be returned to a person she doesn't know at all and what the possibility is that he would be granted time, even after being completely absent for a year and a half plus. Would greatly appreciate your opinion. Thank you, ***** *****
Submitted: 1 year ago.
Category: Canada Law
Expert:  Ulysses101 replied 1 year ago.

Hello, thank you for the question.

You say that he's not paid child support. Did he agree to in writing in the agreement? If so, have you tried to enforce the support payments?

While custody and access and support are separate issues, if he's not paying the support then it speaks to his commitment to the child.

Does your partner want to adopt the child?

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