Twist on Father’s Rights
Pasqualino Cornelio of Toronto, Canada, married Anciolina Cornelio and they had twins. They separated in 1998 and Pasqualino began making child support payments.
Recently, Anciolina sought to reduce his time with the twins and increase his child support. Pasqualino retaliated by have a DNA test. Guess what. He was not the biological father of the twins.
Pasqualino claimed he was the victim of misrepresentation and fraud. He demanded termination of child support and reimbursement of the tens of thousands of dollars he has paid over the years.
But there was no other father to step in and take his place. “Ms. Cornelio denies knowledge of who the twins’ biological father might be,” the Judge said. “In fact, she claims to have no memory of an extramarital affair preceding their birth, which she attributes to the medication she was taking at the time.”
So, the court decided that because Pasqualino “was the only father the twins knew during the course of the marriage,” he could neither stop paying child support nor recover past child support. His father’s rights remained intact.
“While the failure of Ms. Cornelio to disclose to her husband the fact that she had an extramarital affair and that the twins might not be his biological children may well have been a moral wrong against Mr. Cornelio, it is a wrong that does not afford him a legal remedy to recover child support he has already paid, and that does not permit him to stop paying child support,” wrote Judge Katherine van Rensburg on Dec. 22, 2008.
Source: National Post