If a mother proves the superiority of breastmilk but fails to consider
separation issues, she may be told to pump her breastmilk for the child.
Mothers need to prove that lengthy separations are not best for the child.
The emotional needs of the child can be testified to by a psychiatrist,
psychologist, or child therapist (a lawyer can advise as to what experts are
generally recognized, and which ones he or she prefers). Non-traditional
practices (such as co-sleeping) can be viewed negatively and may affect the
court's choice of custodial home.
In Canada, the focus of the courts is very similar to that of the United
States, so the information from the LLLI website or pamphlets is still
relevant. Court decisions are made considering what is in the long term best
interests of the child, providing maximum contact with each parent,
conserving existing relationships, and avoiding disruption of the child's
life (current emotional bonds and lifestyle). The "Tender Years Doctrine" is
also considered, whereby the more nurturing parent may get custody in the
early years. In family law ideally, breastfeeding will be kept out of the
issue and the focus will be on the emotional bonds that the child has with
each parent.
When working with social services agencies, health professionals or a
lawyer, it is important to for the mother to find one who will be the mother
and baby's advocate. LLLC does not endorse specific professionals. It is
helpful to find someone who is open to considering the breastfeeding
relationship but does not have to believe in it personally. It is not as
important to find one who has experience with cases involving breastfeeding,
as in finding one who is open to being educated concerning separation issues
and this unique relationship.
I hope the following excerpts from the LLLI website are helpful (Attie, I
sent excerpts just to you). The mother may wish to share some pamphlets
available from LLLC (613-448-1842):
61-Can Breastfeeding Become the Cultural Norm
64-Breastfeeding Does Make a Difference
65-The Critical Importance of Mothering
126 - LLLI Mother-Baby Relationship Philosophy: Excerpts from the
Literature
545g-Breastfeeding Fact Sheet
1 A Brief Summary of Breastfeeding and the Law, by Elizabeth N. Baldwin,
Esq.
http://www.lalecheleague.org/LawBF.html
2 Handling Legal Calls by Elizabeth N. Baldwin, JD
http://www.lalecheleague.org/llleaderweb/LV/LVNovDec94p85.html
3 Is Breastfeeding Really a Visitation Issue? by Elizabeth N. Baldwin, Esq.
and Kenneth A. Friedman, Esq.
http://www.lalecheleague.org/LawVisitation.html
4 Health Canada - Breastfeeding Facts
http://www.hc-sc.gc.ca/hpb/lcdc/brch/factshts/brstfd_e.html
5 Ontario Human Rights Commission has related rulings
http://www.ohrc.on.ca/index2.htm
Michelle Bentley
----- Original Message -----
From: "Sandink, Attie" <[log in to unmask]>
Sent: Monday, January 28, 2002 4:48 PM
Subject: Breastfeeding and the law
...> In Canada or specifically in Ontario, has anyone any knowledge CAS's
> authority in taking a breastfeeding baby away from its mother? ... Attie
>
***********************************************
The LACTNET mailing list is powered by L-Soft's renowned
LISTSERV(R) list management software together with L-Soft's LSMTP(TM)
mailer for lightning fast mail delivery. For more information, go to:
http://www.lsoft.com/LISTSERV-powered.html
|
