In a precedent-setting case, a Calgary judge has granted custody of an eight-year-old girl to a gay man over his former partner and biological father of the child.
The two men had shared parenting duties of the girl for three years before they split in 2006.
However, Court of Queen's Justice Suzanne Bensler ruled that the parental and guardian responsibilities will remain the same while R., the biological father of baby S., pursues parental rights under the Amended Act of the Family Law Act.
"Both the applicant (H.) and his former partner, Mr. R., are left in a gap created by the legislature," said Bensler. "The provisions of FLA (Family Law Act) establishing parentage by intent is not available to gay male couples under Section 13.
Complete article at Montreal Gazette : http://bit.ly/sF4lSQ