Hi Teresa,
I'm replying on-list, as this info may be important to others.
I'm chair of an advocacy organisation called "Nursing Matters" and we
advocate on behalf of breastfed babies and children.
In the past, in this situation, we've provided an advocacy statement on
behalf of a child, pointing out the needs of that child, and the impact
on cessation of breastfeeding etc would have on that child. We append
the references to World Health Organisation, Unicef and country local
laws. We also append a letter of support by a breastfeeding expert in
the field. We give the advocacy statement to the mother, to pass on to
lawyers, social workers etc. We also include independent, local,
breastfeeding support numbers (usually clearing it with the local people
in advance) so that lawyers and judges can contact them on their own remit.
I'll send you an anonymous copy of one such advocacy statement,
off-list, in a moment.
In this incidence, I'd suggest creating an advocacy document in the name
of this child.
"Child XXX is a breastfeeding infant. Under the World Health
Organisation and Unicef guidelines, in which a mother and child are
recommended to breast feed for as long as both mutually desire, this
child is receiving the gold standard of health protection by the
mother. It is important to recognise that breastfeeding is an activity
that the child undertakes, not the mother and this is recognised by the
WHO stance that it is a mutual relationship...." etc.
I'd the provide reference to the normative function on breastfeeding an
older child, such as Kathy Dettwyler's work etc. Back it all up with
references to health and the WHO.
Then move on to the defence:
"Breastfeeding is providing Child XXXX with many excellent health
benefits. (Reference) If a decision is made to force weaning upon Child
XXX, there are immediate risks in increased health, particularly in
terms of emotional security and health. (reference). You will also
raise health risks in the mother, in particular raising her risk of
breast cancer. (reference)."
We ask that you consider Child XXXX's needs and health, is discussing
the custody and care arrangements of Child XXX. Child XXX continues to
breastfeed, and thus fulfil the gold standard for health protection,
under his/hers own volition, and we request that Child XXX's needs are
listened to, and respected, by all concerned."
You get my drift. If you can, highlight that if they act against the
child, they may get in trouble themselves, this is tricky: see below.
Very useful is "This research has been done by such and such a Very Big
Person In Breastfeeding Research, and they are happy to discuss this
with you on (telephone number/email.)" Obviously, you pre-clear this.
Having a letter from them, personalised to that child, is VERY USEFUL
INDEED. :-)
Always use the child's first name, speak for that child's needs, only
refer to the mother in passing. Speak for the child.
We'd be happy to put together such a statement for you, but you need to
pay attention to the local legal situation. You need to get a sense of
who and what the local are judges will listen to. Some will use a
statement from outside the county, never mind the country, as toilet
paper. :-) So target for your area - who will the best person be, for
them to listen too? On one, we went straight to the WHO themselves, and
got a statement on that particular child's weight gain, from the WHO
weight charts office. In the UK, we are greatly aided by the European
Court of Human Rights on this, as the right to breastfeed etc, can be
quoted from a judgement on record in the England & Wales courts.
Lawyers back off when they see the ruling. But it's not so clear cut
outside Europe.
Hope this helps. :-)
Morgan Gallagher
www.nursingmatters.org.uk
Teresa McCullen wrote:
> Hello,
>
> I have just had a call from a friend (and former breastfeeding Mom), who is a guardian ad litem locally. She needs info to take to an emergency custody hearing (Wed), to counter charges that the child (4 yo) is being subjected to emotional incest by the mother. Dad is currently the (out of town) custodial parent. I would appreciate hearing from anyone with recent experience in this area of practice. Please contact me privately for additional information.
>
>
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