Saskatoon man loses high-profile custody battle, mounts appeal

March 1, 2007 World Fathers Union News Service (CAN)---Canadian fathers activist Jeremy Swanson reports that a Saskatoon man known as 'Adam,' who has been embroiled in a high-profile custody battle for his son, known as 'Baby Ian,' has been able to mount an appeal of the January 29th decision of Justice R.S. Smith which granted full custody of the boy to a foster couple and stripped Adam, the biological father of the child, of all visitation rights.

Adam has retained Regina lawyer Brad Hunter of Hunter-Miller Barristers and Solicitors to mount the appeal. The issues in question center about the biological father's right to prevent an adoption arranged by the child's mother, who is alleged to have 'sold' the baby in a 'parking-lot adpotion' without the biological father's knowledge or consent. A full chronological history of the case is given on the father's personal website: http://www.saskatoondad.com/main.html

This high-profile case has become a touchstone for several Canadian fathers and men's rights organisations. Jeremy Swanson, an Ottawa-area fathers' righs activist, says he has 'symbolically "adopted" baby Ian as our own mascot figure. He is a symbol of the children we have all lost to the tyranny of Canadian family law.'

A short recall and some pertinent information about the case is provided by Mr Swanson:

In January, 2007, Justice R.S. Smith of Saskatchewan ruled that a Prince Albert couple which had adopted baby Ian had the legal right to raise the nine-month-old biological son of Adam. The judge also ruled that Adam cannot see his son for one year to allow "bonding" with the adoptive parents. This is the order which is currently being appealed.

The story began when Adam ended his 2006 relationship with the mother, whom he was unaware was pregnant until a few days before the baby was born. According to Mr Swanson, in April 2006 Adam was 'tipped off' that his former girlfriend was pregnant and that the child was going to be offered for adoption. He was told that he had to 'move fast' because an adoptive couple had already been selected and that money for this transaction had changed hands. The baby's mother is alleged to be an admitted drug abuser and there were fears that the baby might be physically affected.

In adoption documentation the mother claimed that the identity of the biological father was not known. Yet the mother has also sworn in an affidavit that she knew 'Adam' was the Father right from the beginning. Despite the father's legal efforts to stop it, the baby boy was handed over to the Prince Albert couple in what has become known as the 'parking lot adoption.'

The lawyer for the adoptive couple told a national media audience that he had not asked Adam for child support for baby Ian. However, Mr. Swanson says, in a letter dated October 11, 2006 the lawyer clearly states otherwise.

In April 2006 Adam's fiancee Ruth contacted a social worker at Royal University Hospital to voice concerns. She was told by the social worker that the baby would be tested for drugs, as the mother was identified as a possible drug user. She was further told that if the test came back positive that child protective services would be called and the child would not be allowed to leave the hospital until an investigation was undertaken. This would include paternity testing. Just two days after this contact was made a "custody and guardianship agreement" was signed between the baby's mother and the adoptive couple. Adam and Ruth were completely unaware of the agreement at the time.

The appeal of Judge Smith's ruling was filed on February 28.