If anyone is interested in this case, please contact the author of the message.
BTW, I editted out the French version (it was somewhat garbled as I received
it anyway). I'm sure Marthanne can provide the French version to anyone who
contacts her directly. (Note that a copy has already been sent to Liz
Baldwin).
Rachael Hamlet
------- Forwarded Message Follows -------
From: [log in to unmask]
Date: Mon, 04 Mar 1996 15:18 -0500 (EST)
Subject: Judge orders mother to wean 3 month old in custody battle
To: [log in to unmask], [log in to unmask], [log in to unmask],
[log in to unmask], [log in to unmask], [log in to unmask]
Attached is a transcript (in French) of
a hearing at a recent custody case in Montreal.
The facts are as follows:
Julie Blanchette (mother) and Guy Boulanger (father)
Cour Sup,rieure (Superior Court of Quebec), District of Longueil court
file no. 505-04-1596 964
The Honourable Nicole B,nard (JCS) judge
Carole Charron (lawyer for father)
France Brosseau (lawyer for mother)
Motion for joint custody by father,
hearing held February 14, 1996, interim order made pending full hearing
(scheduled 27 March 1996)
The parties will be back in court Thursday March 7 1996 at the
courthouse in Longueil, Quebec (south shore of Montreal) to hear the
mother's application for custody and support.
A GATHERING IN SUPPORT OF BREASTFEEDING MOTHERS WILL BE HELD AT 9 AM AT THE
COURTHOUSE IN LONGUEIL.
The judge order visits twice a week for a six hour duration. The
mother was ordered to supply milk (human or artificial). In the course of
the hearing the judge said (translation)
"Breastfeeding is a choice that the mother has made... I am more or
less in agreement with that choice. The two parents must decide in
the interests of the child what is good.
... to see his child three hours a day at the mother's is equivalent of not
allowing the father to establish bonding with the child.
... [the mother] has decided to impose her point of vue on the father.
... [the mother] will not use breastfeeding to prevent [the father from
seeing his child]
... can't a child of three months be weaned?
I consider breastfeeding very important, but unfortunately if
breastfeeding results in depriving the father of all his rights,
between the two choices, the child must see her father."
A proposal by the mother's lawyer that the father have access twice a
week for four hours each time was outright rejected by the father and
the judge.
The judge said:
"Here I am caught between two rights -- the right of the child to be
breastfed and the right of the father to see his child. Eight hours
per week is not enough. The father must establish contact with the
child.
... Breastfeeding is one thing but the rights of the father have
priority over breastfeeding.
... The rights [of women] to breastfeed do not have priority over the
father.
I HOPE THAT BETWEEN NOW AND WHEN THE CASE IS TO BE HEARD, THE MOTHER
WILL HAVE WEANED TO GIVE THE FATHER AS RAPIDLY AS POSSIBLE THE RIGHT TO SEE
HIS CHILD." [emphasis added, but this is a quote]
There was evidence that the father gave the baby milk (formula) and the baby
had colic and diarrhea.
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WHY IS THIS CASE IMPORTANT?
Contrary to establised public policy promoting breastfeeding and
widespread evidence on the benefits of breastfeeding,
a baby's health is being compromised by the courts. A baby is being
denied the best food available and a basic human right to health and
well being is being compromised.
While our public policy supports breastfeeding our institutions
contradict it to the detriment of the quality of human life.
Breastfeeding is in the best interest of the
child. Breastfeeding is not incompatible with a father's right of
access, but ought to be taken into consideration in planning visits.
Formula is not an equivalent to breastmilk. A woman ought not to wean
her baby for the convenience of the father's visitation rights.
WHAT CAN YOU DO?
Show up in support of Julie Blanchette on Thursday March 7 1996 at the
courthouse in Longueil, Quebec.
Phone, write, fax, e:mail every media outlet, newspaper, television
news, radio talk back line and express your horror at this decision.
Write your member of parliament or member of provincial or state or
federal legislature, demanding that the right of a child to be
breastfed and a woman to breastfeed should be included in the Charter
of rights. That child welfare legislation ought to include the premise that
breastfeeding is in the best interests of the child and takes priority over
other rights.
It is important to recognize that neither the government nor the media
are as interested in responding to pressure tactics from specialized
lobby groups (they can easily be dismissed as "fringe" or
"marginal") as they are to respond to the ligimate concerns of
individuals. It is important that the voice of individual citizens be
heard to whom government and media have a responsibility to
respond. Make this be your personal issue and see that it becomes
part of the public debate by bringing it into the public.
Contacts:
Julie Blanchette (mother) (514) 347-9067
France Brosseau (mother's lawyer) (514) 769-8527
Jocelyne Cyr (breastfeeding advocate for Julie and organizer of
courthouse protest) (514) 335-2582
Quebec Minister of Health Rochon phone (514) 873-3700 fax (514)
873-7488
Montreal radio talk-back lines:(check your local listings)
Canadian Broadcasting Corporation:
Daybreak (Paul Kennedy) 597-4480
Morningside (Stuart McLean) 597-4482
Radio noon 597-4475
As it happens 597-4482
Radio Canada (French)
CBF Bonjour (Joel Le Bigot) 597-4609
Indicatif pr,sent 597-7932
Midi-15 Marie-Andr,e Boivin 597-5797
Les actualit,s (Claude Tourigny) 597-5781
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