Will The New Law Really Change Family Court?

Posted on April 1st, 2014 by admin under Uncategorized.

Here is a summary of the new Bill C-560 law being considered by Parliament:

This enactment amends the Divorce Act to replace the concept of “custody orders” with that of “parenting orders”. It instructs judges, when making a parenting order, to apply the principle of equal parenting unless it is established that the best interests of the child would be substantially enhanced by allocating parental responsibility other than equally.

  The fact is that, once custody is granted to the mother, the judge rarely wants to change the custody terms, even if that custody was granted when the child was a baby. The father may be better able to care for an older child or take a more active role now that the child is more mature.

That brings us back to the judges. Are they going to seriously consider this new law or is it business as usual?

I don’t expect judges to be child psychologists, just to remember this;
Fathers love their children, children love their fathers, if they are given a chance to know them.

Mothers don’t have to lose rights for fathers to take a larger part in a child’s life. It’s a gain for everyone especially the children. Have one or the other parent taking on the role of “dictator for life” benefits no one, especially not the children.

This new law is only words, what we need in Family court is a little less words and a whole lot more understanding. Maybe we should insist that Family Court Justices come from a single parent family. Too wacky? It’s no more wacky than the system we have now.

Time to get the confrontation and the clash of egos out of the judgement, and do what is best for the children. It doesn’t take a parliament to change attitudes, just some common sense.

This new law has the potential to increase parental clashes.
With both parents on equal footing, the battle is on.
It does not need to be.
Kids first, parental egos last.

Both parents need to keep the child’s welfare uppermost, and bury the divorce animosity. This law is supposed to go in that direction, let’s hope it does.

 

 

 

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Parliament Takes Another Shot At Equal Shared Parenting

Posted on March 27th, 2014 by admin under Uncategorized.

Here we go again. Another attempt at reform. I’m not holding my breath.

The hope is a new law will finally force judges to consider the real “best interests” of children. A generation of children have grown to adulthood under the current repressive system. The overwhelming majority of these children feel they have been cheated by the courts and judges of a normal relationship with their fathers. Something no law can retrieve, no judge can grant the lost time with a father.

The new law, Bill C-560 is a complete revamp of divorce and child custody. As it is written it is not a diminution of mothers rights or a way for fathers to avoid financial responsibility, but a balancing of both parents responsibility to their children. It is a recognition of the fact that when parents divorce they are divorcing each other not their children.

This is not the first attempt at righting the glaring inequities in family law, not by a long shot. This is the closest to success thus far. I applaud MP Maurice Vellacott for leading the charge, although this is not his first attempt. His last bill died because of an election call.

It’s time to end the concept of one parent deemed by the court to be the “primary” parent. Without equality, one parent often cannot get basic information on health, education or even location of his or her child, and decisions about that child can be made without consultation with that parent. In this situation one parent {usually the father) runs out of money when the other parent (usually the mother) say no.

I don’t need a social scientist to tell me that real, and I mean real “joint custody” results in happier and  more balanced children. Fathers have suffered long enough. It’s time for the government to earn their decadent salaries and fix these crappy laws now, enough time has passed, too many fathers have shed too many tears.

There is plenty of blame to go around not least of which should be laid at the feet of judges pretending to support parental equality, lazy parliamentarians and sleazy family court lawyers.

When this bill passes, myself and others will be watching family court cases to make sure some of the principle weasels adhere to the new law. I don’t assume that just because the law has changed that everything is all rosy and nice. I urge the readers of this blog to share your experiences good or bad.

If those dunderheads in Ottawa screw up this bill up or refuse to past it, this blog will howl long and hard. I will be naming names of judges and seeking to send the responsible MP’s to the unemployment office.

It’s time, no it’s past time to fix this.

JUST PASS BILL C-560 AND STOP DELAYING JUSTICE
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Lawyers As Legal Thieves

Posted on March 22nd, 2014 by admin under Uncategorized.

The Canadian legal system begs the question: If the system is so biased against dads, should a dad suffer the expense of a an attorney?

The answer is a resounding no.

Most lawyers know a father can never win, but encourage the father to fight until he is broke. That’s not ethical but it is perfectly legal.

Don’t believe me? Check out the feelings of someone else who has witnessed a loved one get ground up by Canadian Family Law:

From a Grandma:

The lawyer’s use the flawed legal system in place to become legalized thieves. END OF STORY

If you think you are hiring a lawyer to deal with your best interest, think again.

There are 4 fighters in every divorce:

The wife fights for the family money

The husband fights for the family money

The wife’s lawyer fights for the family money

The husband’s lawyer fights for the family money

No one gives a damn about the other

This Canadian prejudicial legal system biased against fathers evolves well meaning fathers into broke, hopeless defeated and then society refers to them as deadbeats. The depression and heartbreak is too much for them to take.

In My Opinion, the lawyers who use deceit, false promise and hope solely to drain every last dime for the family income with no regard to the emotional trauma they cause children or men are nothing short of “legalized scammers” How they buy their new shirts, dinners and cars with this blood bath money is beyond me. I’d rather be poor than make my money this way.

We can rant and rave all we want, the system remains the same.

A petition to the Canadian government demanding a complete overhaul of the system might be good start. I bet 100′s of thousands of signatures would accumulate very fast I bet it would be newsworthy to advertise millions of signatures world wide since the start a petition site below reaches world wide.

Anyone want to start a petition : https://www.change.org/start-a-petition

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Laws Protect Good Fathers And Bad Fathers

Posted on June 21st, 2013 by admin under Uncategorized.

I am a mother of two who has been trying to work with my abusive ex and the father of my children for the past 6 years in Alberta. I am glad to tell you that there are many laws in place to protect father’s rights. While these laws have sentenced me and my children to the torture of being forced to endure this man’s abuse in THIS situation they are there to protect good fathers relationships with their children.

If I were in your position I would gather witnesses to your ex’s sudden change in attitude toward you and next time you appear in court have your lawyer petition the judge for a more permanent order for access. If your ex is violating a court order all you have to do is report it to the police and she can be charged and even arrested.

Organizing a march for father’s rights is a noble thought but, you must consider that it won’t only be good men and responsible fathers who benefit from your hard work. And for the record, the new husband is not always a reason to be wary, if you (fathers in general) have a good relationship with your ex the new husband can be a great source of additional support for your children and their mother or father as the case may be.

J.

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Beware The New Husband

Posted on May 25th, 2013 by admin under Uncategorized.

History….

I came to BC in 2001, from London UK. I had divorced my 1st wife, and bought my three sons with me. My 1st wife gave her consent, we still get along.

I went back to school to became a Nurse, and found a job at Chilliwack Hospital in September 2003.

In March, 2004 I found a new girlfriend, who was also a nurse. We were married in April 2005. By September 2007 we were blessed with our daughter.

We separated in December 2008, and divorced a year later.

As my daughter was young, I let my ex take most of the time. I made the bad mistake of signing sole custody over. I remained joint guardian, with generous access. We lived 2 minutes away from each other in Agassiz.

All was going well, and I was seeing my Daughter most of the time, until my ex met and married again. When she met her new guy, she cut off all access to me, so we entered court.

I have been to court 12 times already, every time I bring a motion, she files a restraining order, which I have to fight, $$$$$$$$ Not one of her restraining orders have been granted, no grounds.

I am no closer to getting any custody of my daughter. We have completed all the court requirements, but WOW, how is this justice?

I would like to start a campaign, and a march in Vancouver.

I am part of the Hospital Employees Union, a Union of 46,000 members. I would like to find a way to raise awareness of problems fathers face in the courts.

The legal system is biased toward my ex, she wields the power of the entire justice system; judges, police, social workers. So when she finds a new husband, with a wave of her little finger she removes the old husband from her life and her child’s life.

What would you expect her to do?

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Mexican Prison

Posted on April 11th, 2013 by admin under Uncategorized.

    From Bart

I just got entered into the unjustifiable system as we speak. I have gone through 4 years of hell, I call it a Mexican prison because of what you see in movies, where they have their own laws and rules inside walls. I commend you for the contempt of court.

I told my ex that I would rather die to spare our children from the corrupt system we have. I too live in Canada. The Alberta legal system,i have read in your statements is similar to all Canadian provincial legal systems. No one cares that a lawyer’s retainer balance can be used for a trip of a lifetime.

People wonder why kids starting as early as 5 years old are on medication for anxiety and depression. People wonder why kids of an older age are addicted to drugs and alcohol. When I was 5 years old I lived in Holland and witnessed 2 people die in front of me, because an estranged husband lost it.

This cruel system will never end. Good fathers like you and I whom step up to the plate should be highly commended and acknowledged. Because women in their 40′s run to their mommies because they have a place to go. I fully understand now a days why in the 60′s they did not want women to have rights.

For my sake they should have attained it to date. But we both know its not the right thing. I call bs. Lol. I am making a YouTube video for fathers like me that are 40 years old and are dealing with this and how hard it is to keep your mental status level. I went to a doctor because i was getting panic attacks. He prescribed my 6 months of Valium and Praxil.

I walked a beach for four months instead and cleared my head. I tore up the prescriptions. I had to leave for four months and go to Victoria and be with family to keep me focused. I am back now in Alberta but the war is starting thus yet. My video will be very inspiring and yet emotional. I’m sure any father that sees it will tear up. I am hoping it will go viral. It should be ready in the next two weeks and i would like to use something from you as well to let other fathers know they are not alone.

I also am putting all of my friends names on a list first names only that are going through this legal hell within a two year span. My list, believe it or not, is at 28. It’s sick and disgusting and too many of us are getting screwed.

Reply from Chris

Thanks for your comment and I commend you for your stand for your fight against a bias justice system against fathers getting access to there children. I look forward to seeing your video. If you send it to me I will put it on my website afathersstory.ca. If we stand and fight the corrupt justice system together maybe we can convince society to implement new laws that will protect our children from these lying legal horror’s that call them selves judges and lawyers. These idiots need to be held accountable for abusing Canadians children across this great country of ours. Unfortunaly nobody cares until it happens to them.

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Diamond Jubilee medal Winner Barbara Kay

Posted on April 2nd, 2013 by admin under Uncategorized.


Barbara Kay, a newspaper columnist, has been recognized specifically for her work for family law and divorce act reforms.
Here is a selection from her response to receiving the award:

Boys and men are disadvantaged in many ways in these misandric times. But there is one area that causes more existential anguish for men and for children than any other – namely the family law system. It is in our courts’ understanding of the so-called “best interests of the child” that we see the worst effects of feminism, which is the dominant ideology of our cultural era.

In gender relations we have seen massive changes in the last 50 years. Just as women have evolved over the course of the last decades to expand their opportunities and commitments, dividing their time between motherhood and careers, so too have men evolved in their dual roles. Fathers today are far more involved in their children’s lives in a micro-practical way. And yet, as many New Men are shocked to learn, all the midnight feedings, bedtime stories and soothing Band-Aid applications to scraped knees count for nothing against gender bias in family court: In more than 80% of litigated custody cases, the mother gains sole custody.

Thus, with mom-friendly courts always the trump card up a mother’s sleeve, even the best of fathers in all custody negotiations must depend on the mother’s good will, rather than justice, for anything approaching equal access to his children.

Article 16(3) of the Universal Declaration of Human Rights states: “The family is the natural and fundamental group unit of society and is entitled to protection by society and the state.” But in this country the courts are the “ultimate legal guardians.” We speak of courts “giving” custody. But custody battles in family court are not about giving a child to one parent. That parent already has the child. No, the court is about “taking away” children from another parent. The words we use are important.

It is now settled sociological science that fatherlessness is the single greatest predictor for negative social outcomes like drug use, promiscuity, school dropout and gang membership. There are more than four million single fathers in North America. That’s a pretty big control group. If mothers really are more important than fathers, then by now we should be aware of studies or some reliable evidence that motherlessness is a predictor for worse outcomes than fatherlessness.

Neither sex has a monopoly on moral innocence. Both men and women have the capacity and the free will to act with honour and good will, or dishonour and bad will, in stressful situations.

But when a man or woman’s most cherished relationships are at stake, and when the fate of those relationships are in the hands of strangers sitting in judgment, it strains the bounds of human nature for either a mother or a father to resist the temptations of an unlevel playing field that tilts in her or his direction. In family court the playing field is badly tilted towards women. If they take advantage of that fact, it doesn’t mean that women are intrinsically worse than men; it means they are human. There was a time when courts tilted the other way, which didn’t make men villains, just human as well.

Justice is supposed to be gender-neutral, but gender is still the single biggest predictor of who gets sole custody in disputes, and even though fatherhood has changed a lot since 1970, the statistics for sole custody have not. Nor have attitudes, which goes right to the top of our legal food chain. Two of our nine Supreme Court Justices, when they were Court of Appeal judges, awarded sole custody to women in over 90% of their cases; such an imbalance would never happen in any other branch of law.
What is the purpose of any court, and for what are courts devised? In every kind of court but family, judges decide or guide others to decide what is to be the consequence of harms and wrongs that were done in the past.

Only in family court do we have a system where no harms have been done in the past – or none that have been the state’s business – and where circumstances will be continually changing in the future, but where judges get to decide where harm may happen and judge accordingly. Judges, I might add, that normally have no special training in their backgrounds regarding family dynamics or child psychology. Their understanding of children’s “best interests” comes principally from courses they take in “social context issues,” nebulous words that are fleshed out for judges by ideologues who create these training courses, courses not even lawyers, let alone the press are permitted to access.
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The Hidden Cost of Bad Laws

Posted on March 21st, 2013 by admin under Uncategorized.

After reading your story this morning, I guess the only thing I can say is what’s next?

I have a long winded story Chris. Simply put the last time I went through family court I ended up homeless living on the streets of downtown Calgary.

I had no access but also didn’t pay support. How could I? I became an addict, alcoholic drug dealer. I literally went crazy.

I was just served papers again for a 100k owing. Just starting to get my life in order. Going to school. New family. Any suggestions on next step? Thanks, if I can help you let me know.

James

A reply from Chris

Thank you so much for sharing your experience James. Your story is not unusual in today’s society. Many people turn to alcoholl and drugs to ease the pain of having their child taken away by a corrupt and abusive Justice system. I have walked a mile in your shoes as well my friend.

In fact, I was sent to prison for 30 days on a contempt charge. A Calgary court Judge by the name of Justice Sullivan told me to stop fighting for access to my son or it would kill me. I believe he meant the destruction of self medication of alcohol and drugs. People tend to make bad decisions to ease the pain of loosing one’s child to this ruthless Family Justice system. He was right, it did almost kill my spirit.

Fifty years ago the Canadian Government rounded up native children in Canada. bureaucrats and police took these children from their families. Why? To put them into special schools to integrate them into the white culture. The idea was to wipe out native culture and replace it with white culture. The result was a generation of native children who felt no affinity to either white or native culture.

.When they returned to the reserve, they were devastated to see that there parents had turned to self medication like you and I. In short their parents were a victims of drugs and alcohol whose lives had been ruined by the Canadian Government. That was a bad law and it caused unnecessary pain to thousands of parents.

The family court system contains some of the same flaws as that law, and it needs to be changed to stop the assault on fathers. It’s based on out dated beliefs and prejudices.

I am happy to here that you are starting to get your life back in order. Just remember this James. You have to save yourself before you can save your child from these vultures called judges and lawyers. For profit, they instigate conflict and misery, destroying the lives of men, woman, and children in Canada.

Go back to court James, tell them your story. Do not hire a lawyer, do it yourself. Lawyers just want your money and will create more confusion than what they are worth. Set up a payment schedule so that you can get the American company called Maintanace Enforcement to release your drivers license passport and unfreeze your bank account. if they have not done this already.

Try and stay away from the following Judges in Calgary.They are just a bunch of lying legal horrors that will put you back into the drug world. Chief Justice neil Wittman, Justice Ged Hawco, Justice Clark Justice Hugh`s Justice Coutu. Justice Sullivan Justice Lovecchio, Justice Kenney and Justice Horner. Justice Erb is the best Judge that I ever came accross. She actually cares about people and there children.

Be strong James, my friend. Stay away from the drugs, go back to court, and try to get back into your child’s life. Parents are vital to our children. A parent’s love is unconditional, all children need that love. Please call me if I can help at 604 358 2660 or email me at chrisjjmotorcars@gmail.com

If you have a story that needs to be told, email me, and together we can shine a light on injustice.

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Defending Daughters

Posted on March 20th, 2013 by admin under Uncategorized.

Hi my name is Dave. I’m 35 and going through a terrible divorce.

In August my ex wife was fired from her family’s business for embezzling 1.3 million dollars she spent on online gambling. She also is a heavy marijuana user, and has been on three anti depressants for the last 10 years.

When she got caught, I did not support her because she had lied to me. She sought support from a man who was convicted on child pornography charges, which she was well aware.

When I caught her with him, I was charged with uttering threats, assault, and theft of under $5000; her cell phone.

I now have full custody of my two girls age two and five, but it has been a constant battle with child family services and the courts. She told the courts as well as family services that she is no longer with this man. The court were ready to give her back the girls. This time I had to hire a private investigator to catch them together on multiple occasions, to keep my girls safe.

My ex now says in addition to the previous assault allegations, that I have beat her in the past. This new lie gained her a free lawyer from a women’s shelter. This after she lost her legal aid lawyer for lying.

Her new lawyer from the woman’s shelter showed up at court with the child pornographer, to fight me in a recent JCC conference.

I now have full custody until trial, but as a father going into a trial, the odds are stacked against me. It’s clear throughout this, that the father, any father, is less of a parent, in the eyes of the court than any mother.

The laws have to change, it’s not just unfair to fathers, it’s unfair and cruel to their children.

A Reply From Chris

Your story sounds like a nightmare waiting to happen. All you can do is go to court and see what happens. You are right. Men have no rights when it comes to the mother unless the mother is a drug attic. Even then the courts will still want to give the children to the mother.

I have no advice but to keep in fighting in this corrupt playing field we call the family justice system of Canada. Keep in touch as I will continue to fight for parents rights to see there children. Be strong and God Bless.

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David’s Father Story

Posted on March 13th, 2013 by admin under Uncategorized.

My ex has a drinking problem. She would drink to the point that she would have trouble standing. Her problem was binge drinking when I was at work and she was in care of our 2 boys who are 4 and 6 years old at the time. Over the last couple of years I have asked her not to do this. If she needed a drink at least wait until I was home. This had carried on for a couple of years.

On March 3/12 is I had enough. I came home about 8:15 pm to find my ex intoxicated again to the point where she fell up the stairs in the house. Again this is a short version. The boys have not been fed supper. So I started to cook supper while the ex was hiding in the bedroom.

Out of the blue she came, into the kitchen yelling, swearing and only God knows what about. The boys were in shock and so was I. When she had finished her ranting she went back in the bedroom and closed the door. I decided then to call the police to remove her from the house to hopefully wake her up to see the seriousness of her actions. The police were on their way. I told her they are coming to talk to her because it is clear I cannot talk to her in this state. So after a couple of minutes she ran down the stairs, grabbed her keys, jumped into her vehicle in the garage. Before I could stop her she had smashed into my truck parked directly behind her.

The police arrived about 5 minutes later. The police looked at the damaged vehicles and decided to arrest her for a DUI. (Again this is the short version), Incredibly the DUI charges were dropped because I was still married to her and the only witness. She avoided prosecution even though she failed the breathalyzer and there was ample evidence in the driveway.

I had asked her to get help. She replied “I don’t have a problem and do not need help”. When I heard that I knew now that I have to protect the boys by getting them out and filing for a divorce.

Here is where the legal system has failed me. First, I found out that the courts see fathers as guilty of everything and always lying, so I have to proof everything. In this world you communicate back and forth through affidavits.

The first court appearance only the lawyers are allow to speak, The only matters discussed are the issues of her getting money and a court date for the next meeting. We are both living in the same house at this time as I do not trust her. I have stopped all out of town work. But she is still there for the 8 hours I am at work and I have this constant worry if she is drinking again.

She had tried all the tricks in the book, even going as far as going to the food bank to register herself. Thankfully I was home and noticed the bags. I immediately videotaped the bags, all the food in the fridge, pantry as well as the freezer, I had to clearly show food and hygiene items were not necessary.

The second court date came up in Sept 2012, the judge S.D. Hiller had first came down on my ex’s lawyer for not having all the proper documents in order or in court. The judge started to drill her lawyer about how he can say that she is a good mother. This went on for about 10 minutes or so. Then the judge chatted with my lawyer Peter Spitz but would not give him an inch to respond properly. The judge was then clearly getting pissed off as there was no compromising from the ex on any issue of the children’s custody and matrimonial affairs.

The judge then told the lawyers to step down, go outside and try to get something settled. The only thing the ex would agree to was shared custody.

When we went back into court, and after another couple of hours nothing was really settled. Judge Hiller was turning red with anger, so he decided this matter has to go to trial sometime in the spring. No date was given and no date ever was discussed.

The judge then said his final comments which were I will be responsible to pay all the current bills where I and my ex reside as usual. But I and my ex will alternate staying in the matrimonial home weekly. On the week out I live somewhere else. Then he said I will have to pay child support of $1,382 and spousal support of a $1,000 on top. My lawyer was not able to argue the decision at all; the judge just cut him off.

I am on a salary of $7,000 a month gross pay. About 5,300 take home pay. It isn’t hard to figure out the math on this one.

Mortgage 1,742.00
Utilities 420.00
Truck 741.00
Spousal 1,000.00
Children 1,382.00
Food 350.00
Credit Card 550.00
Total 6,185.00

Note: This does not include gas clothes for the children and any other expenses.

Now add 60% roughly to get another place to stay, paying rent, utilities etc.

So basically what the judge has done is forced me to give in to the ex’s demands or face bankruptcy within 3 months. I guess that is why he did not set a court date. So I am legally being forced into bankruptcy.

Here is the sweet spot of this trial; after court was over, my lawyer and I stepped out of the court room, my lawyer turned to me and said:

“Well that didn’t go well. That must be because the judge and me had an argument in another case a couple of weeks before and he must be still mad. So I guess you can fire me.”

Can you believe that? After he cashed in $15,000.00+.I want to put a complaint in, but to whom and would anything be done about it?

So in recent action is I signed off the children and their safety to the ex. An ex who has a drinking problem, I also turned over the house that has $40,000 in equity and agreed to all other issues. Yes, I did sign this order under duress, even told my lawyer this. I had cave in to keep out of bankruptcy and to save my license.

I have not seen my sons since Dec 3/12. The summer before I was still trying to let the boys enjoy their lives and keep their minds off the issues in the house. Whenever I tried to take them out the ex would start arguing saying that I can’t take them. I cannot go anywhere with them. She would argue until she was red in the face and the kids started to cry. Needless to say we did nothing last summer or fall with my boys. I did talk to the boys Mar 8/13 on my oldest boy’s birthday.

Like I said this is the short version.

It is pretty sad when the gang wars are now inside our justice system. That would be the Government and lawyers against caring parents / fathers that do care.

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