File photo. (Pixabay)

File photo. (Pixabay)

B.C. judge rules that 2nd mom should be 3rd legal parent in polyamorous family

All three adults have lived together in a committed relationship since 2017

Editor’s note: The names used here are not the individuals’ real names and were provided by the court.

A B.C. Supreme Court judge has added a third parent for a child that already has a mother and father.

Justice Sandra Wilkinson made the decision Friday to allow Eliza and Bill, who are the biological parents of Clarke, 2, to add Olivia, their third partner, to the child’s birth certificate as a legal parent.

According to court documents, Eliza and Bill have lived together and been partners since the early 2000s. They met Olivia in 2013 and began a romantic relationship with her in 2016, and she moved in a year later.

“The petitioners are in a relationship known in the polyamory community as a triad,’” Wilkinson stated. “As the petitioners explain, to them this means that they each have a relationship with one another and each of their relationships with each other are considered equal.”

Court documents state that while it’s unclear if all three people were committed to the idea of Olivia being a “full parent” prior to Eliza’s pregnancy, at some point during the nine months all three agreed she would be fully involved. The judge said that Olivia had a “very active role” in preparing for the child’s birth, including inducing lactation so she could breastfeed.

“In fact, Olivia was the first parent to feed Clarke after he was born,” Wilkinson stated. Olivia also took four weeks off, unpaid, to be with the baby and family after birth.

WIlkinson noted that by all accounts, the triad has been living life like any other family; sharing parental duties, taking trips together, visiting all three families and adjusting their parenting due to the impact of COVID-19.

“It is not disputed that Clarke is being raised by three loving, caring, and extremely capable individuals,” Wilkinson stated. “Unlike many family law matters which come before the court, this is not an instance of family members taking adverse positions. The petitioners are in agreement that Olivia should be recognized as Clarke’s legal parent, alongside Eliza and Bill.”

The family found themselves before the court because the Family Law Act does not allow for a third parent to be legally added, “unless that child is conceived using assisted reproduction.” Clarke was conceived naturally.

Wilkinson did not agree with B.C.’s Attorney General, who had said that Olivia being declared the child’s guardian would achieve what the family wanted.

“There are clear and tangible differences between being a parent and being a guardian, evidenced, in part, by the legislature’s decision to distinguish between these two roles with separate designations,” she stated. “A parentage declaration is also a symbolic recognition of a parent-child relationship. This difference should not be minimized.”

Wilkinson she would “declare that Olivia is Clarke’s legal parent, alongside Eliza and Bill, and that his birth registration be amended accordingly by the Vital Statistics Agency.”

ALSO READ: Vancouver Island man’s $32-trillion lawsuit thrown out by B.C. Supreme Court


@katslepian

katya.slepian@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Parenting

Just Posted

Ladysmith RCMP safely escorted the black bear to the woods near Ladysmith Cemetary. (Town of Ladysmith/Facebook photo)
Bow-legged bear returns to Ladysmith, has an appointment with the vet

Brown Drive Park closed as conservation officers search for her after she returned from relocation

A nurse gets a swab ready to perform a test on a patient at a drive-in COVID-19 clinic in Montreal, on Wednesday, October 21, 2020. THE CANADIAN PRESS/Paul Chiasson
Island’s daily COVID-19 case count drops below 10 for just the second time in 2021

Province reports 8 new COVID-19 cases on Vancouver Island Wednesday

Ancient Forest Alliance campaigner Andrea Inness walks beside an enormous western red cedar stump in a BCTS-issued cutblock in the Nahmint Valley. (PHOTO COURTESY TJ WATT)
B.C. forestry watchdog finds lack of compliance in Nahmint logging

Forest Practices Board says old growth and biodiversity near Port Alberni are at risk

Port Alberni Fire Dept. deputy chief Wes Patterson, right, and another firefighter monitor the front of a garage at Second Avenue and Argyle Street that burned on Wednesday, May 12, 2021. (SUSAN QUINN/ Alberni Valley News)
Fire starts in empty garage on Argyle Street in Port Alberni

Garage was attached to empty multi-storey commercial building

A painting by Port Alberni artist Robert Hall. Hall uses a technique called Abstract Impressionism. (SUBMITTED PHOTO)
ARTS AROUND: Port Alberni artist showcases abstract impressionism

Robert Hall’s paintings on display at Rollin Art Centre until May 29

Prince Rupert was one of the first B.C. communities targeted for mass vaccination after a steep rise in infections. Grey area marks community-wide vaccine distribution. (B.C. Centre for Disease Control)
B.C. tracks big drop in COVID-19 infections after vaccination

Prince Rupert, Indigenous communities show improvement

Signage for ICBC, the Insurance Corporation of British Columbia, is shown in Victoria, B.C., on February 6, 2018. THE CANADIAN PRESS/Chad Hipolito
$150 refunds issued to eligible customers following ICBC’s switch to ‘enhanced care’

Savings amassed from the insurance policy change will lead to one-time rebates for close to 4 million customers

Pixabay
Island Health: two doctors, new clinic space to avert Port McNeill health crisis

Island Health has leased space to use as an immediate clinic location to avert health crisis

Police investigate a fatal 2011 shooting in a strip mall across from Central City Shopping Centre, which was deemed a gang hit. The Mayor’s Gang Task Force zeroed in on ways to reduce gang involvement and activity. (File photo)
COVID-19 could be a cause in public nature of B.C. gang violence: expert

Martin Bouchard says the pandemic has changed people’s routines and they aren’t getting out of their homes often, which could play a role in the brazen nature of shootings

Tinder, an online dating application that allows users to anonymously swipe to like or dislike other’s profiles. (Black Press Media files)
B.C. man granted paternity test to see if Tinder match-up led to a ‘beautiful baby’

The plaintiff is seeking contact with the married woman’s infant who he believes is his child

Nurse Tami Arnold prepares to administer a COVID-19 vaccine. (Kareem Elgazzar/AP)
B.C. adults 30+ now eligible to get vaccinated against COVID-19

Health officials made the announcement Wednesday afternoon

Erik Christian Oun, who worked for the Coquitlam school district, has had his teaching licence suspended for half a year. (Pixabay)
B.C. teacher suspended after calling students ‘cutie’ and ‘sweetheart’ in online messages

Erik Oun’s licence has been suspended for half a year, a decision made by the B.C. Commissioner for Teacher Regulation

An Israeli attack helicopter launches flares as he flies over the Israeli Gaza border, southern Israel, Thursday, May 13, 2021. (AP Photo/Ariel Schalit)
Singh calls for halt on Canadian arms sales to Israel as violence escalates in region

Government data shows Canada sent $13.7 million in military goods and technology to Israel in 2019

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Most Read