MONTREAL – A Quebec Superior Court judge has ruled that a man can never again try to claim paternity of a child he fathered during a sexual assault. Justice Carl Lachance ruled this week that t...
The judge said granting paternity to the man would force the mother to have contact with him in order to arrange visitation or make decisions requiring parental authority, which he said would be “unbearable.”
The man withdrew his paternity claim in November, which the judge deemed a “strategic attempt” to leave the door open for future claims.
“We cannot condone nor tolerate that the assailant uses a procedural technique to escape an unfavourable result in the hopes of being able to take it up again later,” he wrote, adding that the possibility of a future claim had left mother and child with a “sword of Damocles” hanging over their heads.
This judge is awesome.