A Canadian judge rejected a Father’s $4 Million Dollar lawsuit against his child’s mom who he says lied about taking birth control when they hooked up and had unprotected sex in 2014.
The man had previously lost in lower courts before appealing his case. The question presented was: can an alleged “fraudulent misrepresentation” on the part of the mother — whether she was taking birth control as prescribed — render the father’s consent to sex invalid and therefore open up the mother to being sued for sexual battery?”
The judges answered both questions with a resounding “no.”
“It is to be hoped that the appellant will, as the child’s father, contribute to the child’s upbringing in a positive way. It is also hoped that he will see this contribution as being pleasurable and positive,” Rouleau wrote.
“If, however, he views it only in a negative light, I see no basis on which to impose liability on the mother for any net negative impact the appellant may consider that he has suffered due to his having fathered the child and contributed to his or her upbringing.”
The father said he was okay with paying the child support he was paying and he wants to have a relationship with his child and was not tryign to avoid his obligation. The reason for the lawsuit, according to the dad, is so the mother of his child could compensate him nonetheless for the emotional, professional and/or financial impact the birth of the child has had on him.
The judge ruled that if he found against his child’s mom, he would essentially be permitting the dad to “circumvent the equal obligations to the child imposed on the parents by law — obligations that are imposed without regard to fault or intention.”
The father was also ordered to pay the mother $8,000 in costs for the appeal.
The judge also rejected the complainants claim of sexual battery because there was no risk of serious physical injury to the dad when he consented to sex with his child’s mom.