Man who didn't father twins must pay child support


From Thursday's Globe and Mail

January 7, 2009 at 7:14 PM EST

A Toronto man is on the hook to pay child support, notwithstanding a DNA test that proved he is not the biological father of his ex-wife's twins, an Ontario Superior Court judge has ruled.

Madam Justice Katherine van Rensburg ordered Pasqualino Cornelio to continue paying child support to the 16-year-old twins – regardless of whether he was bamboozled by a philandering wife.

“While the failure of Anciolina 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 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,” Judge van Rensburg said.

Mr. Cornelio began making support payments soon after he separated from his wife in 1998. He had the DNA test after his former spouse recently sought an increase in the payments and a reduction in his time with the twins. Upon learning that he was not the biological father, Mr. Cornelio claimed to be a victim of misrepresentation or fraud.

He asked to be excused from paying child support and demanded reimbursement of tens of thousands of dollars he has paid over the years.

Ms. Cornelio was unable to shed light on the mystery of the twins' parentage. “Ms. Cornelio denies knowledge of who the twins' biological father might be,” Judge van Rensburg 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.”

The judge noted that Mr. Cornelio wondered at the time of his separation whether a man named Tony with whom his wife had had an affair might be the father of the children.

“It was not until access was interrupted and Ms. Cornelio commenced proceedings seeking increased child support that the respondent began pursuing this issue,” the judge remarked.

In any event, she said that it would be wrong for the children to suffer for events over which they had no control.

“Mr. Cornelio was the only father the twins knew during the course of the marriage,” Judge van Rensburg said. “The relationship that developed from the time of their birth was the natural relationship between a parent and his children.

“The fact of that relationship – even if it has now become strained – is sufficient to require Mr. Cornelio to continue to contribute toward the children's material needs.”

Child support, Judge van Rensburg said, is the right of a child even if a parent behaves poorly, “whether it be delay in pursuing support, an attempt to contract out of support, or the failure to disclose an extramarital affair that may have led to the conception of the child.”

Judge van Rensburg noted that two separate lines of jurisprudence have developed in comparable cases. One focuses on being fair to an individual who discovers that he is not a biological parent. The other concentrates on the best interests of the child.

She pointed to an expansive definition of “parent” under the Family Law Act under which Mr. Cornelio can be seen as “a person who has demonstrated a settled intention to treat a child as a child of his or her family.”




Our commentary in the Globe and Mail


Firstly, child support is the right of the child. This man acted as father and then decided to walk away when he found out the DNA was not his.
Secondly, what the Judge FAILED to consider was that Child Support contains an element of Spousal Support! And, why should he have to pay spousal support based on FRAUD.

Thirdly, Ontario Family Courts effectively PROMOTE FRAUD. Family Lawyers knowingly make false statements to the court or knowingly provide the court with information that was proved false but, regurgitated in another reasons for decision.

Our Family Courts are so biased, its not bias, its a WAR AGAINST MEN.

Take the Ontario Court of Appeal, the odds of any man having any success is entirely remote. Its just loaded with MAN HATING judges who will "do indirectly" what "they cannot do indirectly".
That means issuing draconian orders for security for costs, vexatious litigant orders simply to "make a case go away".

Those cases that the courts deem "vexatious" are generally the very examples of the worst and most obvious blatant fraud.

In Ontario, if you become rich by fraud, odds are you will be rewarded by the courts in any litigation.

In this case, the Courts are ENCOURAGING mothers to go shopping for support, find a man who has the highest ability to pay, use a sperm donor who has no money and create fatherless children.

Our courts are now full of women with personality disorders, mental health issues who obtain unwitting sperm donors for two things, sperm and child support which of course contains spousal support and one hell of an incentive to commit fraud.

Now, Many men are loving fathers, they ignore the fact that they were sperm donors and thing solely about the child's best interests. Not so our CORRUPT FLAGRANT ABUSERS OF JUDICIAL POWER, they simply "engage in the process of justification" read, "political correctness", to ensure the children never see their father.