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-   -   Help! Need Legal help/advice/representation!! (http://www.polyamory.com/forum/showthread.php?t=28354)

Jane 09-09-2012 09:27 PM

Help! Need Legal help/advice/representation!!

So me and my 2 SO's are in a loving, equal closed poly relationship (between myself, my legal husband and our girlfriend). Our GF has 3 kids, two from one father who has no issue with us, and the youngest from another father. This father has decided to take us to court based on Canadian criminal code 293 stating that living in a conjugal (marriage like) relationship with more then one person is illegal.

Our lawyer wants us to just state that we are just roomates, and thus aren't breaking any laws. However this isn't true, and denying that in court is lying under oath as well as against Alberta family law.

Sooooo my question is - has any one else been to court for their poly relationship? Does anyone know a more poly friendly lawyer in AB?

The lawyer from the Bountiful BC case is willing to help us, but that would require having out baby taken from our custody until our case makes it to the supreme court of Canada, and the completion of our trial - and we don't really want to do that. We just want to keep our rights to maintain access to out child. So if anyone has any experience or advice we are more then willing to listen!!!

Thank you in advance :)

Miss Jane

GalaGirl 09-10-2012 04:20 AM

I don't know anything about Canadian law but I wanted to give you a *hug* -- this sounds so stressy!

GG :(

Pliglet 09-10-2012 05:24 AM

I have no advice about canadian law, but this is a huge fear of mine.
<3 major hugs and i hope someone else has more of a clue.

Anneintherain 09-10-2012 06:58 AM

Did you see if there was anything helpful here? http://polyadvocacy.ca/ or http://www.linkedin.com/company/cana...cy-association i wish I knew more about Canada law, but all I know is that the border patrol gives my bf shit about visiting married women when he comes to visit :(

MusicalRose 09-10-2012 07:03 PM

I also don't know anything about Canada law, but that is a very stressful situation and I'm sorry you are going through it.

It seems so silly to me that there are laws making it illegal to live together like that if everything is consensual and paid for as it should be. You aren't breaking any marriage laws by entering into a marriage contract with more than one person, so I don't see why it would be a problem.

ImaginaryIllusion 09-10-2012 11:37 PM


There is a big thread on the BC Reference Case on Polygamy and Group Marriages which followed the Bountiful case and the CPAA participation on behave of the polyamorist community. It includes some items post analysis on the judgement.

I'm also currently one of the directors with the CPAA, so please PM me with some more details and contact information, and the lawyer from bountiful you've been talking too, and I'll see who we can talk to about this.

Also, I can hook you up with the poly community in Calgary if you aren't already for some more IRL type moral support.

ImaginaryIllusion 09-11-2012 12:05 AM

I'll add quickly for your own reference, that the key indicator that the judge used in his decision was the presence of a ceremony. If the three of you have had a formalized "marriage" type ceremony...then it might be a long case, as it would then get into community endorsement, etc. etc.

Loosing custody until the court winds it's way through the SCC also sounds suspiciously like bunk as well...especially if it's a civil case. Although keep in mind, I'm not a lawyer.

Like I said, PM me some more info and we'll try to get you hooked up with the people who know better.

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