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  • Canadian Court: ‘Everything That’s Wrong With Family Courts’
  • By Robert Franklin, Esq, National Parents Organization
  • National Parents Organization Is A Shared Parenting Organization
  • 23/10/2017
  • Contributed by: Daveyone ( 70 articles in 2017 )
A smashed heart near the judge gavel, to symbolize a divorce.
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It’s sad, pathetic really. The case referred to in this article is far from the most shocking of family court matters (CBC, 10/20/17). It’s nothing more than an appellate court ruling on a trial court’s decision to grant a father $10,000 in attorney’s fees charged against the mother’s lawyer. Her lawyer proved unnecessarily hard to get along with in what should have been a simple case.

The appeal court upheld the decision of a motion judge awarding $10,000 in costs against the wife's former lawyer, finding that he had used court proceedings as a "form of leverage" to obtain concessions to which his client was not entitled — conduct the motion judge called "reprehensible."

The husband and wife had "substantial" assets and had settled all matters except for spousal support prior to divorcing.

"That proceeding should have been simple and straightforward," Chief Justice Richard Chartier wrote on behalf of the appeal court. "Instead, it dragged on pointlessly, causing needless court filings and delays as well as thousands of dollars of fees and costs."

So the lawyer behaved badly, protracted the litigation without need and cost Dad $10,000 in the process. The trial judge punished the lawyer and the appellate court affirmed the ruling. It’s a minor matter that was dealt with properly in the long run.

So what’s the problem?

On Tuesday, the appeal court released a decision in a divorce case it said highlighted "everything that is wrong with our family law court system."

But of course it does no such thing, and can’t. The case dealt solely with alimony. The parents had decided everything else between themselves. There was no dispute about child custody or parenting time, none about child support, none about visitation enforcement, none about paternity or paternity fraud, none about false allegations of abuse, none about parental alienation. So, by definition, the case barely touched on the many problems that crop up regularly in family courts. That the Court of Appeals believes the case touches on “everything that is wrong with our family law court system” is patently untrue.

Yes, it highlights the tendency of lawyers to exacerbate conflict in order to line their pockets and at everyone else’s – the litigants, the judge, court personnel, etc. – expense. But if that’s all the appellate justices believe to be wrong with the family law system, they’re woefully misinformed – astonishingly so.

And indeed, it seems they are exactly that.

"The system can often be adversarial and irreparably damaging to families," Justice Minister Heather Stefanson said in a news release. "The experience can be especially harmful for young children.

Yes, the system is certainly “adversarial and irreparably damaging to families,” but does Her Honor know why? If so, she gives no hint of it.

The system is adversarial and damaging to families because it tells husbands and wives loudly and clearly that when they enter family court, they become bitter enemies. They do so because the system assures them that one will emerge from the fray the victor and one the vanquished. One will be ordered the primary custodial parent and the other will go from being a full-time parent to an outsider looking in. The latter parent will have embraced the role of parent, probably years previously, and find his/her deepest sense of self in that role, but will find that sense of self cut off at the knees. The rate of suicide spikes among fathers who’ve been through the family court system and lost that sense of self.

So why wouldn’t parents fight tooth and nail? For fathers particularly, their sense of self-worth is on the line, their relationship with their children in jeopardy. Will Justice Minister Stefanson do the obvious to correct the system so parents needn’t dread the outcome of divorce? Will she and her government embrace the obvious idea of a presumption of shared parenting?

My guess - not a chance. Judge Chartier went on:

"In other cases, indeed most, parties should not be required to face the continuing trauma of significant expenses and protracted proceedings at an exceedingly vulnerable and emotionally charged period of their lives, namely marital and family breakdown. There has to be a better way."

There is a better way. A presumption of shared parenting would mean, as long as each parent is fit to do the job, neither need fear the loss of the children. Each can count on at least 35% of the parenting time, an amount any parent can live with. So what’s there to fight over? Few parents have much in the way of assets and those can usually be divided without too much rancor. It’s parenting time more than anything that creates conflict and it’s parenting time that a presumption of shared parenting addresses.

"In other cases, indeed most, parties should not be required to face the continuing trauma of significant expenses and protracted proceedings at an exceedingly vulnerable and emotionally charged period of their lives, namely marital and family breakdown. There has to be a better way."

"Finding ways to reform the family law system is an opportunity to look at a fundamental shift toward a system that focuses on collaboration and the best interests of families," Fineblit said.

Chartier’s “there has to be a better way” and Fineblit’s “finding ways to reform” have a wistful tone to them. If only there were a solution to this terrible problem, the divorce process would be so much better! And yet the solution to the problem has been right under our noses for many years now. Shared parenting is the well-known, easy and obvious solution to much that’s wrong with the system. And yet Chartier and Fineblit pretend that the matter is a great mystery.

All of which means, I predict, that whatever “solutions” the government comes up with won’t be solutions at all. They’ll be actions taken so the government can declare victory and retreat. Meanwhile, children will still lose their fathers, lawyers will still take conflict to the bank and people like the learned judge and the Minister can still pretend that the problems of family courts are inscrutable, forever needing more study and input from family lawyers.

How pathetic.

Source: https://nationalparentsorganization.org/blog/23675-canadian-court-everything-that-s-wrong-with-family-courts

2 Comments:

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    By:Miranda from Nova scotia, Canada on November 15, 2017 @ 2:08 pm
    I would love you to share my story. We need a change in our family justice system. Its flawed and set up so one side can take advantage and be vindictive. I understand its usually the father in this situation. But there are mothers too! I couldn't image being so hurtful and vindictive to anyone.

    Ex partners are in. And every single one of use need to stand together to fix our justice system .

    I recently been ordered to pay 620 dollers a month child support on a min wage job averaging out to 800 dollers every 2 weeks. I feel like I'm being punished for making myself better so I can be apart of my kids lives. I don't deny paying child support but i now no longer have the means to support myself. This family has been attacking me time after time to get me out if the picture and I continue to fight for my kids. They need me as I know this family needs help themselves as they mentally abuse everyone around them.

    My friend daughter has three children. The daughter had drug problems and had her kids taken away 5 times and given back 5 times.

    I had a mental break down put on tons of meds and begged child welfare and many other resources for help and recieved nothing and wasn't given as many chances as my friends daughter.

    Im not a bad mother. I love my children more than anything. I know that if jennifer grant and annmarie were willing to work with me and accept what has happened and let me be apart of The kids lives we wouldn't be were we are today. But Jennifer grant and annmarie denied me access made everything impossible and are doing everything in there power to get me out of the picture.

    Grant and annmarie tell everyone they adopted my children and are getting my kids to call them mom and dad. My daughter told me she would never call annmarie mom. It is unbelievable the extent that these people go to push me out. And as much as they hurt me and attack me I fight hard. Sometimes I do think it may be easier to just walk away until my kids find me. As the attacks are so horrific and affect my life. But I can't because I know the emotional abuse this family does and I need to fight for my kids as they need me.

    I made a huge mistake in my time of need with no one to help me. This is something I have to live with daily.

    My lawyer told me that the child support/ maintenance hasn't been looked at since 1997. Its out dated. Here in nova Scotia child tax benefit is just over 500 per child. Since my kids have ptsd they get disability amour of 200. Thats 700 per child per month.

    I don't deny child support. But it shouldn't effect were im going to live. How I would meet just my basic needs. No father no mother should have to face these problems. And I don't even get to see my children.

    There's so many fathers and mothers facing these issues. We all need to get together and fight for change.

    Please help me reunite with my children and fight for what is right!
    By:Brian McCabe from B.C., Canada. on November 14, 2017 @ 7:34 am
    The trouble with Canadian Courts are that any man representing themselves would soon find out that a Judge would not believe them if they claimed 'night followed day' but would accept, without hesitation, any Lawyer who claimed that the moon was made of green cheese. In short, there is no such thing as an honest Canadian Judge.

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