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Child support obligations of non-biological parents

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BY: VALERIE DYE

Under the Divorce Act a child of the marriage is defined as ‘a child of two spouses or former spouses who, (1) is under the age of majority and who has not withdrawn from the charge of his parents, or (2) is the age of majority but is unable, by reason of illness, disability or other cause, to withdraw from the charge of his or her parents.

The determination of who is a ‘child of the marriage’ is important in determining whether or not a child is entitled to receive support. The term ‘child of the marriage’ does not mean that someone who is not the biological child of the payor is not entitled to be supported.  Section 2 (2) of the Divorce Act states that a child of the marriage includes a child for whom both spouses have stood in the place of the parents or where one spouse is the biological parent and the other spouse stands in place of the other biological parent.

Obviously, if a spouse is not a biological parent the court needs to determine whether or not that spouse has actually stood in the place of a parent. The Court will look at several factors including the intention of the spouse. Whether or not a spouse intended to act as a parent will be determined on the basis of that spouse’s actions. For instance, a spouse who treats the child as a part of the family and treats the child in the same way that a biological child is treated may be deemed to be standing in the place of a parent for the purposes of paying child support. The Court will also base its determination on whether or not the spouse has provided financially for the child, has disciplined the child as his or her own child or has represented to the child or to the community that he or she is the parent.

It is important to note that once a spouse has acted in the place of a parent with regard to a non-biological child and has formed a parent-child relationship this relationship cannot be unilaterally terminated. As such if the marriage ends in divorce the spouse cannot decide that he or she is not liable for support because he or she is not a biological parent.

Presumption of paternity

Apart from the considerations related to spouses who stand in place of parents, a male is presumed to be the biological parent of a child in certain situations. If the child is born during the marriage or during a period of cohabitation with the mother, there is a presumption that the man is the father of the child. Further, if he marries the mother of the child shortly after the birth of the child it is presumed that he is the biological father of the child. Even where the marriage or relationship is terminated before the birth of the child there is still a presumption of paternity if the child is born within 300 days after termination of the marriage or cohabitation whether that termination occurs as a result of divorce, separation or death.

A presumption of paternity can be rebutted by conducting paternity tests to prove that the male in question is not the father of the child. However, even where the presumption is rebutted with a paternity test the male may still have to pay child support if he has treated the child as a child of the marriage.

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Junior Contributors

Should we be using AI in fields so important as pensions, unemployment aid, or childcare support?

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BY KAHA GEDI

We all knew technology would someday get out of hand, however what we should be focusing on is whether it already has. From people using AI generators as life support to the point where we can’t easily distinguish AI from RI (real intelligence). It’s even being used in finance and banking for fraud detection.

The use of AI has definitely tilted to both sides of the balancing scale of how beneficial, or bad it is for us. Now, let me ask you a question, what if AI were to get into the wrong hands? The hands of people who are supposed to protect you from harm, and let’s say they use it through a faulty algorithm with the intent to improve basic living standards for citizens who may be: unemployed, disabled, elderly, or otherwise unable to support themselves through work, or other means. In this article, I will discuss what is currently going on in the Danish welfare authority, or the Udbetaling Danmark (UDK).

According to Amnesty International, “Fraud detection algorithms, paired with mass surveillance practices, have led people to unwillingly–or even unknowingly–forfeit

their right to privacy and created an atmosphere of fear.” Hellen Mukiri-Smith, who is a researcher on Artificial Intelligence and Human Rights states that “this mass surveillance has created a social benefits system that risks targeting, rather than supporting the very people it was meant to protect.”

The Danish welfare authority (UDK) has partnered with ATP (Denmark’s mandatory labor market pension system, designed to provide financial security for workers after they retire) and private corporations (like NNIT) which is a Danish IT services/consulting company that specializes in providing IT solutions/technology services to businesses. They did this in order to develop fraud detection algorithms aimed at identifying social benefits fraud. The UDK uses up to 60 algorithms to flag potential fraud, but these systems are highly invasive and not transparent.

In order to feed these algorithms, the Danish government collects massive amounts of personal data about its citizens (such as: residency, citizenship, family ties, and travel history). This includes sensitive information that can be used to track and monitor individuals’ lives, raising major privacy concerns.

Furthermore, Amnesty International found that the algorithms unjustly affected marginalized groups such as migrants, low-income people, and those in non-traditional living arrangements. For example, one algorithm flags people with “unusual” living patterns like families living far away from each other, such as in care facilities due to disability.

Helen Mukiri-Smith argues that the way UDK and ATP are using AI for fraud detection closely resembles a social scoring system, which is prohibited under the new EU law (AI Act), and that it should be banned.

For those who don’t know what the social scoring system is, it’s a way of evaluating people based on: their behavior, financial habits, and other personal information. It gives people a score that could impact their access to things like loans, services, or opportunities. These systems use data such as your activity on social media, payments, and sometimes criminal records to determine how people are scored. The main issue with social scoring is that it can be unfair, especially if it’s based on biased, or incomplete information. This can influence your access to critical services, such as healthcare, or housing.

Moreover, the surveillance and constant questioning of these individuals will take a toll on them mentally. They’re constantly being investigated by case workers and fraud investigators, and undoubtedly it will make them live in fear, and prevent them from living stable lives.

Amnesty International pushes for the Danish authorities to stop using discriminatory data in fraud detection. They also urge that Denmark make sure its fraud detection systems actually follow the human rights laws, including the EU’s AI Act, which bans practices like social scoring.

Nobody deserves to live in fear, especially at the expense of things so crucial for their well-being. AI makes mistakes. I remember I used ChatGPT, and it gave me the wrong answer and when I told it that it was wrong, it said “Oh sorry.” I know that AI is evolving for “better,” but there are no “Oh, sorry’s,” when these algorithms are making mistakes and screwing with people’s livelihood. This begs the question, should we be using AI in fields so important as pensions, unemployment aid, or childcare support?

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Junior Contributors

Roblox is proving that safety and fun can go hand in hand!

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BY KHADIJA KARIM

One of the most famous online gaming platforms in the world, Roblox, has recently introduced new security guidelines and measures to help keep its younger users safe. Roblox is taking steps to make it safer, especially for players under the age of 13, as the platform has millions of users, many of whom are children and teenagers.

The ability of the platform for children under 13 to communicate is one significant shift. These younger players will no longer be able to send, or receive messages outside of games, according to Roblox. This implies that they are no longer able to use the platform’s messaging feature to have private conversations with friends, or strangers. Roblox is reducing the possibility of inappropriate talks, or unwanted contact from strangers by limiting communications within the game chats only. Roblox claims that these changes will protect children while keeping the ability to use the platform.

Why is Roblox doing all this? Safety has always been a challenge for big online platforms, and Roblox is no exception. Even though it’s a fun and creative space for players, there have been reports of inappropriate behavior, scams, and other dangers. By making these changes, Roblox hopes to protect kids while still allowing them to enjoy the platform.

These updates are part of Roblox’s bigger effort to balance safety with fun. They want everyone to have a great time exploring the game, but they also want to make sure kids are protected while they do it. With these new rules, Roblox is showing that it cares about its players and is willing to take big steps to keep them safe.

If you’re a kid who loves Roblox, these changes might feel a little strange, or different at first. It might take some time to get used to not being able to message outside of games. In the long run, these updates are going to make Roblox a much safer and more enjoyable place for everyone. It’s all about making sure you can keep having fun and being creative while staying safe at the same time. Roblox is proving that safety and fun can go hand in hand!

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The Poetic Word

Art of Political Warfare

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BY GLORIA O’KOYE

War without logic,

Is like planting seeds without knowing,

The seasons in which the seedlings

Will rise and thrive to the heavens.

War strictly on emotions and passion,

Is like showering the seeds

With overwhelming resources

Without strategy.

 

Too much water, sun and soil

With no calculations can cause

Undetected diseases to destroy

A seed’s crucial foundation.

A society that follows social media justice,

Is doomed when things get real.

 

Protection warranty behind twitter fingers,

Keyboard warriors,

Would defeat the right to remain silence

During mischief court hearings.

Without teachings and common sense,

Fear tactics will prevail.

 

If one enters a movement to find love,

To make friends,

Dangers of destruction are at hand.

Those will come natural

But can never be promised,

How many organizers fall victim

To the matters of the heart.

They gradually forgotten why they were in

This the first place,

This journey can be lonely throughout.

 

An elder and veteran with years of

Political warfare once told the emerging

Youth,

This war is not for the faint of heart.

You must use logic,

Must use your head.

The heart,

Is the reason to push

But it can never lead without the brain

And a plan.

Or be prepared to lose the war in a

Quick pace,

This life has no space for childish games.

Remember the people need to win!

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