The trial for custody of a seven-month-old boy began Monday with claims of witchcraft, drugs and an unexpected request for guardianship from the boy’s biological grandmother.

“It is my grandson at the mercy of this court. I have been quietly and patiently watching this situation and see no indication of his inherent First Nation rights being acknowledged,” the grandmother told Justice Shawn Smith moments after the trial began in Saskatoon Court of Queen’s Bench.

“I’m not taking this step lightly,” she added. “I’m afraid for my grandson if his heritage is not recognized, so I ask that he be returned to me so I can raise him among his extended family and ensure he will not lose that identity.”

The biological father, who wants his son returned to him by the couple who adopted him, is not aboriginal.

The grandmother’s request stunned several people in court, since she had been called to support the father’s parental claim.

“Your plea is well-taken and your response is totally appropriate as the grandmother, but your request is not at all on the court’s radar,” Smith said.

The judge pointed out the woman has no custody application before the court.

The child’s biological mother is a woman with whom the man seeking custody had a sexual relationship. She arranged for a couple in Prince Albert, Sask., whom her family had known for 14 years, to adopt the child. But the father found out the woman was pregnant a few weeks before the baby was born.

The mother stated she didn’t know who the father was, but a DNA test confirmed the man is.

However, the contract between the mother and the Prince Albert couple is recognized as law. The adoptive parents have given the baby their surname and are seeking child-support payments from the dad.

A publication ban has been imposed on all names to protect the baby’s identity.

Smith must decide, in the best interests of the child, who should raise the boy.

The grandmother testified the baby’s mother knew who the father was. She testified the woman often spoke of her intention to tell him “but it gradually became clear she didn’t want to raise the child with him.”

The biological father’s lawyer asked her to explain why the Prince Albert woman is unsuitable to raise the child.

The grandmother accused her of practising witchcraft. “Years earlier, (the adoptive mother) was not feeling well and transmitted pains from herself to my older daughter.”

Lawyers for the mother and the adoptive parents jumped at the grandmother’s about-face.

“So have your feelings changed? You no longer support (the biological father) having custody?” asked Rick Danyluik, the couple’s lawyer. “You support you having the baby?”

“Yes,” the grandmother responded. She stressed First Nations customs have been around longer than Canadian courts and empower her to raise the child, or at the very least, decide who should.

But Danyluik noted she is not aboriginal. She has a European background and married a band member.

Source: ChronicleHerald.ca

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