Anyone know about Canadian laws re: taking nurslings away from a mother?

[Swan3]

A friend of a friend has had her toddler and infant taken from her home by the authorities. The father is a drug addict but because of this it has also been assumed that she's using. She's tandem nursing.

Is anyone knowledgeable about Canadian laws or regulations around nursing children and custody? I don't believe that this mother is an addict, at least I really hope she isn't - she's complained several times about her partner's habits and they've separated on several occasions because of it. She has court tomorrow to try to regain custody.

My heart is breaking for her and I just wish there were at least some precedent or helpful information that I can point her to.

ARGH, I just wish she'd put herself as far away as possible from this guy. I can't imagine what she's feeling right now - especially with one of them being exclusively breastfed. Those poor babies!

Thanks...

: that her kids are safe, that they can go back to mama and still be safe.

[KimberlyD0]

If there is probable cause there is nothing that can be done except to wait it out.

The law is clear that safty comes first for the child. I've known mom's with newborns who tried nursing because they thought the children couldn't be taken away, but they were because the situation they were in was worse then the prospect of formula for the baby.

The fact that she has left and returned may not shine a positive light on her though and may in fact cause her issues. The opposition will try to prove that she put herself and her SO before the children.

If they feel it is safer to remove the children they will be removed. After all a parent can be abusive and still be a BF (NOT saying your friend is btw) Thats why the system is set up how it is. She can pump and supply BM for the children, but the milk will be tested regularly. If she co-operates then they situation will resolve quickly and the children returned. Especially if she is clean. Hopefully with minimal damage to the nursing relationship.

She will be watched for a long time to come when the children are returned as well. Make sure she knows that when she gets the children back, if she allows this guy back before they feels its ok she can and will lose the children again.


: for your friend and her children

[tanyam926]

If the only issue is that she might also be using drugs and there is no suspected abuse, neglect, etc., could she offer to take a drug test to prove she is not using so she might be able to get her kids back?

Don't know anything about this subject, hope everything works out best for the kids.

[Carita]

I know someone who went through this - she pumped (showing a lot of commitment to the child safety workers!) and saw her kids daily and BFed them, until the court could hear her case. The dad was abusive - so she had to prove she had established residence elsewhere (her parents') and could provide for their needs without the father & had a restraining order on the dad. This was in the US, but I am sure if your friend demonstrated the same level of commitment, she too could get her kids back - surely..., right?

[Swan3]

Thanks everyone for the replies, I'm still waiting to hear back to see how her court went. Breaks my heart, I really hope she can at least see her babies soon (they're not allowing this right now) but will also approach the idea of pumping for them.

[KimberlyD0]

I hope things turn out

At the very least the pumping should prevent the loss of supply untill its resolved.