- October 15, 2023
- Posted by: legaleseblogger
- Category: Related News
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Backstory: Custody Battle and Legal Complications
In 2021, a challenging situation arose for my partner and me. His parents, whom we have been estranged from since their unsuccessful attempt to take custody of his daughter, decided to initiate legal action to regain contact with her. This happened shortly after we had relocated with her from Saskatchewan to Manitoba. To complicate matters further, the birth mother, who had not consistently been involved in the child’s life since her infancy, became involved in the case. She had legal representation provided by legal aid.
Fortunately, the case was eventually dismissed, with the judge advising the birth mother to go through her lawyer if she wanted to alter the existing parental agreement. We proceeded to work with her on a new agreement. However, shortly after, she ceased communication with her lawyer, leaving us in the lurch. This unforeseen development resulted in significant financial costs, amounting to $3500.
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Recent Developments and the Role of the Same Lawyer
Fast forward to the present week, and we have received a disconcerting letter. It turns out that the very same lawyer, who previously represented my partner’s parents against us in 2021, is now representing the birth mother in Saskatchewan, aiming to establish a new parenting agreement once again.
Given the history of conflict between the birth mother, my partner, and me, we find this situation rather perplexing. We have been cut off from any contact with my partner’s parents since their failed custody attempt. To our surprise, they proceeded to take us to court in Manitoba, seeking grandparent’s rights. As a result, they were granted limited supervised visitation time with the child.
We have reason to suspect that my partner’s parents are financially supporting the birth mother’s legal representation. This assumption is grounded in the fact that they had used the very same lawyer previously. Consequently, we are concerned whether this raises a conflict of interest for the lawyer in question. Are we misguided in our thinking?
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Jurisdiction and Our Approach
It is important to note that our situation falls under the jurisdiction of Manitoba. If the need arises, we are prepared to take this matter to the courts within that jurisdiction. However, we want to emphasize that our primary objective is not to keep the child away from her birth mother. Instead, we are committed to ensuring that her lawyer takes the lead in resolving the situation. We believe it is crucial for the birth mother to demonstrate consistent involvement in our child’s life before granting her access.
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****** just grabbed a
This sounds like a technical conflict of interest, but itÔÇÖs also likely a waivable one if BM and PP (Partners Parents) consent.
The conflict really lies in the idea that if BM gets more time, PP would get less, or their legal position would be undermined. However since they got sweet tweet, thereÔÇÖs not much to undermine. Could they have gotten inside info to use to benefit their new client (BM), yes, but thatÔÇÖs for PP to consent to.
[Edit: just read that PP renewed an action for GP rights]- are their interests actually in conflict? Not sure I see that.
Your PartnerÔÇÖs consent wouldnÔÇÖt be required to waive it.
[Edit: not your lawyer not legal advice]
> Especially because wouldn’t this be a conflict of interest for this lawyer to take her on? Or are we thinking incorrectly?
Why do you think so? Are the grandparent’s interests somehow in conflict with birth moms? If so, how?
There are no grandparent’s right in Saskatchewan. Maybe they’re trying for her to get visiting rights so they can see the grandkids. Idk, but it’s a thought.