Saturday, Sept. 23 was imagined to be the day Daylan Postkin celebrated his second birthday at Chucky Cheese.
Instead, an RCMP officer met his mom Kandis Potskin on the entrance door of their Spruce Grove house. He had a B.C. court docket order that allowed him to take Daylan and provides him to his father, who he’d final seen as a new child.
Four minutes later, Potskin left the constructing with Daylan in her arms. The Mountie carried the boy’s small, swiftly packed suitcase. Potskin positioned Daylan within the again seat of the cruiser and watched because it drove away. The officer wouldn’t inform her the place he was taking her son.
With birthday presents nonetheless within the trunk of her automobile, she struggled to make sense of what had simply occurred.
“I was in shock. I didn’t know what to think. I didn’t know what to do,” mentioned Potskin, who wasn’t a part of any custody listening to in any province and who mates describe as an exquisite, loving mum or dad.
“How can they grant full custody to someone who is a total stranger to my kid? He has no ties to him at all.”
Saturday was the primary of six days that Daylan was separated from the one mum or dad he’s ever identified; the primary of six days of combating by Kandis Potskin.
She employed a lawyer and on Monday, arrived on the Edmonton Law Courts with mates. By then, she knew her ex, Kelly Swartz, had Daylan, however not the place they have been.
“I cry myself to sleep every night wanting my son,” she mentioned on the time. “If I open my eyes, his crib is there however he’s not in it. I can’t sleep.
“I’m annoyed. I would like my child again now.”
Potskin’s lawyer, an professional in household regulation and veteran of many custody battles, was as baffled by the B.C. court docket order as Potskin.
“I can’t tell from the face of this order on what grounds this child was snatched by surprise from mom,” mentioned Kim Doniger.
The order, dated Aug. 25 and signed by B.C. Provincial Court Judge Ellen Gordon, signifies there was a custody listening to in Surrey, B.C. The transcript exhibits that listening to was transient. Kelly Swartz appeared with no lawyer. He mentioned Potskin and Daylan lived with him in Vancouver however “she took off, and I started the court thing right after that.”
Potskin disputes Swartz’s account. She says she lived briefly in B.C. after Daylan was born however had her personal place.
Doniger argued Swartz isn’t just a stranger to his son; he’s a stranger within the eyes of the regulation. Though Potskin acknowledges Swartz is Daylan’s organic father, he’s not listed on the delivery certificates. He had no contact with both Potskin or Daylan for 22 months. There was no paternity take a look at. How did he even show his connection to the child?
“It’s very scary; the fact a complete legal stranger, that Ms. Potskin hasn’t seen in almost two years, can just walk into a court and take her child from her,” Doniger mentioned.
“He doesn’t even have any proof that he’s father of the child. So that’s pretty scary that you can just go to a court and get an order snatching someone else’s child. I think that’s very scary.”
Doniger argued the B.C. court docket had no authority to determine the destiny of a child born, raised and residing in Alberta.
The judge agreed. Court of Queen’s Bench Justice Avril Inglis asserted jurisdiction over Daylan’s case. She stayed the B.C. order and instructed Daylan be returned to his mom pending a full listening to.
But one overwhelming downside remained.
“We still don’t know where he is,” Potskin mentioned.
“What he must be feeling, wondering where I am, why he’s over there. He doesn’t know anything. He’s just lost, confused, scared.”
On Thursday, after three days of wrangling with courts, Potskin was advised she may go fetch her son. She caught a airplane to Vancouver and, shortly earlier than midnight Alberta time, lastly acquired Daylan again. They returned to Edmonton the following day. At the airport, Daylan greeted different members of the family with a giant smile and hugged his five-year-old sister.
Potskin is relieved but additionally offended. She blames the B.C. court docket for “snatching” her son with no good cause.
Neither the B.C. authorities nor the B.C. provincial court docket has offered a response to her considerations.
Swartz didn’t reply to a request for an interview.
As she stood within the arrivals space of the airport, watching her son run round and play together with his sister and grandmother, she vowed to maintain combating.
“It was really easy for him to come back right here and seize the child. But to get him again, is like I’m leaping via hoops.
“This can’t occur. If this may occur to me, if it may possibly occur to 1 mom, it’s going to occur to a different — or it may. And we don’t need that. I don’t need it.”
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