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The summary below contains a point form description of our story in chronological order. We have tried to highlight the significant events that have occurred and wherever possible have included the dates - some of which are approximates.



We have also changed the names of all parties involved in compliance with the publication ban. We have used the same names that were substituted in the judgment from Justice R. Smith. They are as follows:

Our Baby - Ian Turner

Biological father - Adam Hendricks

Adam's fiancée - Ruth Taylor

Biological mother - Rose Swan

Rose's mother - Iris Swan

Rose's sister - April Swan

Custodial mother - Linda Turner

Custodial father - Dave Turner



The legal council for the parties are as follows:

Mark Vanstone for Adam Hendricks and Ruth Taylor

Dale Blenner-Hassett for Linda and Dave Turner

Gregory Curtis for Rose Swan

Evert Van Olst for Saskatoon Health Region (SHR)

Lori Sandstrom-Smith for the Crown (Child and Family Services)



All of the available documents have also been included on this website. The only documents that have not been included are the lawyer correspondence which were marked "Personal & Confidential" and were not part of an affidavit. Documents are title by date using the mm/dd/yy format.



Background

Near the end of March, 2006 Adam was told by an acquaintance that his ex-girlfriend, Rose, was pregnant. After speaking with his fiancée, Ruth, he decided to contact her to see if the rumor was true.



Adam called Rose, who confirmed the pregnancy, but indicated that he was not the father and it was none of his business. Adam accepted Rose at her word.





April 2006

April 24th, 2006 - Adam received a phone call from an anonymous family member. The caller told Adam that he was the father of Rose's baby and that he needed to move fast, as a couple had already been "selected" to give the baby to. The caller also told Adam that he believed that money had exchanged hands and that Rose was still doing drugs.



Adam then contacted Rose's mother, Iris. Iris told Adam that her daughter had told her that Adam was the father of the baby.



April 25th, 2006 - Adam contacted a lawyer to seek legal advice regarding paternity testing, "the adoption", and the safety of the baby who may be born with an addiction.



April 27th, 2006 - Ruth contacts a social worker at Royal University Hospital (RUH) to voice their concerns and explain the situation as they knew it. Ruth was told that the baby would be tested for drugs, as the mother had now been identified as a potential drug user.



If the test came back positive, child Protective Services would be called and the child would not be allowed to leave the hospital until an investigation was done. This would include paternity testing.



April 28th, 2006 - Custody and Guardianship Agreement is signed between Rose and the Turners. Adam and Ruth are unaware of the agreement at this time. See document "04_28_06 - Custody and Guardianship Agreement" under Case Documents.



May 2006

May 1st, 2006 - Ruth and Adam contacted an employee at Children's advocate. He indicated that because they had contacted the social work department at RUH, they would look after things. If nothing was done, then they should call him back. He also suggested that Adam contact the police regarding the adoption and the alleged exchange of money.



Adam contacted the police and left a message.



May 3rd, 2006 - the police returned Adam's call but indicated that there was nothing they could do as there was no proof that money had exchanged hands.



On the same day, Adam was told that Rose had not been home for about a week. Adam contacted RUH and got no response. He then contacted Iris, who did not know anything, but would find out.



Iris called back that evening and told Adam that Rose had an emergency c-section the previous week and had given birth to a healthy baby boy and that the baby was gone.



May 4th, 2006 - Adam contacted Child Protective Services again and relayed the information that he had. He was told they couldn't tell him anything due to the privacy act, but that he should not be concerned about the baby.



Adam tried to contact the Children's Advocate who was out of town.



Adam contacted the social worker at RUH and was told she would get back to him.



Adam contacted his lawyer and apprised him of the new developments.



May 5th, 2006 - Adam contacted the children's Advocate again and was told that he would make some calls and get back to Adam.





May 9th, 2006 - Adam swears his first affidavit. See document "05_9_06 - Affidavit of Biological Father" under Affidavits.



May 10th, 2006 - Notice of Motion was filed with the courts. Court date set for May 26th, 2006. Document pending.



May 11th, 2006 - an order is filed with the courts. See document "05_11_06 - Order - Paternity Testing" under Case Documents.



May 11th, 2006 - the respondents named in the motion were notified. See document "05_11_06 - Petition - Notice to Respondents" under Case Documents.



May 19th, 2006 - Adam's lawyer receives a copy of correspondence from the legal council representing a Prince Albert couple who has custody of the baby. See document "05_19_06 - Correspondence from Blenner-Hassett" under Lawyer Correspondence.



May 23rd, 2006 - Vanstone receives a letter from the legal council representing Child and Family Services. See document "05_23_06 - Letter from Child and Family Services" under Case Documents.



May 24, 2006 - correspondence is received from Blenner-Hassett with an update on the baby and regarding arrangements for obtaining a sample from the baby fro DNA testing. See document "05_24_06 - Correspondence from Blenner-Hassett" under Lawyer Correspondence.



May 25, 2006 - an adjournment is requested for the hearing scheduled for May 25, 2006. See document "05_25_06 - Correspondence from Blenner-Hassett" under Lawyer Correspondence.



May 25, 2006 - a letter is received from Orchid Cellmark regarding arranging paternity testing and a request form is filled out. See documents "05_25_06 - Letter re Paternity Test" and "05_25_06 - Paternity Testing Request" under Case Documents.



May 26th 2006 - correspondence is sent between the legal council representing the biological mother and Vanstone. See documents "05_26_06 - Correspondence from Curtis" and "05_26_06 - Correspondence from Vanstone 2" under Lawyer Correspondence.





June 2006

Correspondence continues between lawyers regarding paternity test arrangements and suitable court dates. See documents under Lawyer Correspondence with June dates.



June 16th, 2006 - a DNA sample is obtained from Adam.



June 21st, 2006 - a DNA sample is obtained from Baby Ian.







July 2006

Early July Paternity results came back confirming that Adam is the father of Baby Ian. See document "09_1_06 - Supplemental Affidavit of Biological Father - Exhibit A" under Affidavits.



July 13th, 2006 - correspondence is sent to Blenner-Hassett with the results of the paternity test and a request for their position on the custody of the baby. See document "07_13_06 - Correspondence from Vanstone" under Lawyer Correspondence.



July 17th, 2006 - a response to the July 13th correspondence is received. See document "07_17_06 - Correspondence from Blenner-Hassett" under Lawyer Correspondence.



July 27, 2006 - correspondence received from Gregory Curtis. See document "07_27_06 - Correspondence from Curtis" under Lawyer Correspondence.





August 2006

Correspondence between lawyers continues. See documents under Lawyer Correspondence with August dates.



Aug. 30th, 2006 - arrangements to obtain a Home Assessment are initiated. See document "08_30_06 - Correspondence from Vanstone" under Lawyer Correspondence.





September 2006

Sept 1st, 2006 - Adam swears a second affidavit. See document "09_1_06 - Supplemental Affidavit of Biological" under Affidavits.



Sept 1st, 2006 - an Amended Notice of Motion is filed, hearing date set for Sept. 15th. See document "09_1_06 - Ammended Notice of Motion" under Case Documents.



Sept 1st, 2006 - Maternal grandmother, "Iris" swears and affidavit in favour of Adam's motion. . See document "09_1_06 - Affidavit of Maternal Grandmother" under Affidavits.



Document filed to add Linda and Dave Turner as Third Party Respondents. See document "09_1_06 - Draft Notice of Third Party Claim" under Case Documents.



Correspondence continues between legal council. See documents under Lawyer Correspondence dated between Sept. 1st, 2006 and Sept. 13th, 2006.



Sept 14th, 2006 - Interim Consent Order is issued legally establishing Adam as the biological father and adding Linda and Dave Turner as Third Party Respondents. Hearing date is set for Oct. 4th, 2006. See document "09_14_06 - Interim Consent Order" under Case Documents.



Sept 14th, 2006 - Consent Order is made removing The Minister of Community Resources fro Saskatchewan and Saskatoon Regional Health Authority as Respondents. See document "09_14_06 - Consent Order" under Case Documents.



Sept 19th, 2006 - Letter sent to Department of Health, Vital Statistics, requesting that Adam be added as the natural father to the Certificate of Live Birth. See document "09_19_06 - Correspondence from Vanstone 2" under Lawyer Correspondence.



Sept 19th and 20th, 2006 - Information is requested from Child and Family Services and SHR. See documents "09_19_06 - Correspondence from Vanstone 1" and "09_20_06 - Correspondence from Vanstone 1" under Lawyer Correspondence.



Sept 20th, 2006 - Correspondence received from Blenner-Hassett regarding Adam's media interviews and asking for information about Adam. See document "09_20_06 - Correspondence from Blenner-Hassett" under Lawyer Correspondence.



Sept 20th, 2006 - Response to the above sent. See documents "09_20_06 - Correspondence from Vanstone 2" under Lawyer Correspondence.



Sept 21st, 2006 - Request sent for the Custody and Access Assessment. See document "09_21_06 - Correspondence from Vanstone 2" under Lawyer Correspondence.



Sept 21st, 2006 - Interim Consent Order sent to SHR with a request to access hospital records of Baby Ian. See document "09_21_06 - Correspondence from Vanstone 3" under Lawyer Correspondence.



Sept 22nd, 2006 - SHR declines to provide information. See document "09_22_06 - Correspondence from SHR - Van Olst" under Lawyer Correspondence.



Sept 27th, 2006 - Request for documentation regarding the transfer of care between Rose and the Turners. See document "09_27_06 - Correspondence from Vanstone" under Lawyer Correspondence.



Sept 27th, 2006 - Parental Capacity Assessment Report is completed for Adam and Ruth. See document "09_27_06 - Parental Capacity Report" under Case Documents.



Sept 28th, 2006 - Documents received from Blenner-Hassett, including affidavits sworn by the custodial parents, Linda and Dave Turner and two supporting affidavits. See documents "09_28_06 - Affidavit of Custodial Mother"; "09_28_06 - Affidavit of Custodial Mother 2"; "09_28_06 - Affidavit of Custodial Father"; "09_28_06 - Affidavit Supporting Custodial Parents 1" and "09_28_06 - Affidavit Supporting Custodial Parents 2" under Affidavits.



Sept 28th, 2006 - Also sent were a Notice of Motion and Draft Order regarding the affidavits of Adam and Iris and a Notice of Motion and Draft Order regarding the custody of Baby Ian. See documents "09_28_06 - Notice of Motion 1 and 09_28_06 - Draft Order 1" and "09_28_06 - Notice of Motion 2 and 09_28_06 - Draft Order 2" under Case Documents.



Sept 28th, 2006 - Documents received from Curtis including the affidavit sworn by the biological mother. See document "09_28_06 - Affidavit of Biological Mother" under Affidavits.





October 2006

Oct 2nd, 2006 - Adam swears a second affidavit in response to Rose's affidavit. See document "10_2_06 - Affidavit of Biological Father 2" under Affidavits.



Oct 4, 2006 - First hearing was held. The judge left Baby Ian in the care of the Turners, ordered a pre-trial and granted visitation to Adam and Ruth. See document "10_10_04 - Order" under Case Documents.



Oct 10th - Oct 18th, 2006 - Correspondence continues in an attempt to schedule the first visit between Adam, Ruth and Baby Ian. Conditions are included in the correspondence. See documents under lawyer correspondence, as well as the Exhibits found in "10_19_06 - Affidavit of Biological Father 3" and "10_23_06 - Affidavit of Custodial Mother 3 - Exhibit A" under Affidavits.



Oct 19th, 2006 - Notice of Motion for obstruction was filed by Adam regarding visitation. See document "10_19_06 - Notice of Motion" under Case Documents.



Oct 23rd, 2006 - Custodial mother swears an affidavit in response and a Notice of Motion and Draft Order regarding the Oct 19th affidavit of Adam and a Notice of Motion and Draft Order regarding the disclosure of information to the media. See documents "10_23_06 - Affidavit of Custodial Mother 3" under Affidavits and "10_23_06- Notice of Motion 1 and 10_23_06 - Draft Order 1" and "10_23_06- Notice of Motion 2and 10_23_06 - Draft Order 2" under Case Documents.



Oct 25th, 2006 - Contempt hearing was held with Justice Ryan-Froslie presiding. See documents "10_25_09 - Madame Justice J.A. Ryan-Froslie's Interim Decision" and "10_25_09 - Madame Justice J.A. Ryan-Froslie's Order" under Judgments.



Oct 27th, 2006 - The Turner's appeal Ryan-Froslie's decision. See document "10_27_06 - Notice of Appeal" under Case Documents.



Communication continues between lawyers. See documents under Lawyer Correspondence dated between Oct 27th, 2006 and Oct 31st, 2006.



Oct 30th, 2006 - Adam swears an affidavit in response to the appeal. See documents "10_30_06 - Affidavit of Biological Father 4" under Affidavits.



Oct 31st, 2006 - Vanstone files documents regarding the Appeal and a hearing is set for Nov 8, 2006. See documents "10_31_06 - Draft Order"; "10_31_06 - Memorandum to the Chambers Judge" and "10_31_06 - Notice of Motion to Lift Stay of Execution" under Case Documents.



November 2006

On Nov 2nd, 2006 first visit for Adam and Ruth occurs with Baby Ian at Children's Haven in Prince Albert as per Justice R. Smith's order of Oct 4th, 2006.



Nov 8th, 2006 - Appeal is heard. Document pending.



Nov 20th, 2006 - Correspondence received requesting a formal Home Study. See document "11_20_06 - Correspondence from Blenner-Hassett" under Lawyer Correspondence.



Nov 21st, 2006 - Ryan-Froslie's final decision is handed down. See documents "11_21_06 - Fiat of Madame Justice Ryan-Froslie" and "11_21_06 - Order of Madame Justice Ryan-Froslie" under Judgments.



Nov 21st, 2006 - Vanstone sends a correspondence requesting the child be returned to the father. See document "11_22_06 - Correspondence from Vanstone 2" under Lawyer Correspondence.



Visits with Baby Ian continue through November at Children's Haven in Prince Albert.



Nov 24th, 2006 - Order is filed extending visits for Adam and Ruth to two hours per week. Document pending.



December 2006

On Dec 11th, 2006 Children's Haven provides a report to date of the visits with Baby Ian. See document "12_11_06 - Children's Haven Report" under Case Documents.



On Dec 11th, 2006 a Parental Capacity Report is completed for Linda and Dave Turner. Report includes a critique of the Parental Capacity Report for Adam and Ruth. See documents"12_5_06 - Review of Parental Capacity"; "12_11_06 - Parent & Home Observation Report" and "12_13_06 - Notice of Expert Witness" under Case documents.



Correspondence continues. See documents under Lawyer Correspondence dated between Dec 4th, 2006 and Dec 15th, 2006.



Trial begins on Dec 18th, 2006

January 2007



On Jan 29th 2007 Justice R. Smith hands down his decision granting full custody of Baby Ian to the Turners and stripping Adam and Ruth of all visitation. See documents "01_29_07 Justice R.S. Smith's Judgment" under Judgments.



February 2007

On Feb 28th, 2007 Adam and Ruth appeal the decision of Justice R.S. Smith.

Documents pending.

Notice_of_Appeal_feb_28_2007[1] PDF
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