From Dr. Stephen Baskerville, political science professor & author of Taken Into Custody: The War Against Fathers, Marriage & The Family. (unpaid advertisement) http://www.stephenbaskervil...
Monday, June 8, 2009
Family Court Australia Journalists Call for Change
Four journalists call for more freedom in scrutinizing the Family Court.
Your Tax Dollars Used Against You
The Ministry of Children and Youth Services recently released a report detailing how much funding each CAS received last year. The CAS of Toronto received one of the largest amounts of funding in Ontario
Exposing The Morally Corrupt Family Courts
A short clip complete with live interview with one father who immigrated to Canada and now says he would never have set foot in this country had he known about the Family System of Injustice here in Canada
Family Court Crisis - Our Children at Risk
Part 1 of 2- This 5 min. trailer exposes a brewing nightmare in family courts across America: children are routinely being placed by the family court in the sole custody of their abusive parents. This film exposes a few outrageous cases from Marin County, California. It must be seen and heard to be believed.
Part 1 introduces the cases and looks into Parental Alienation Syndrome (or PAS, the reigning paradigm in family courts); plus we take a look at the role of court-appointed mediators, therapists & evaluators in a broken system run amok that is damaging the lives of far too many children. This is a national outrage- please spread this film link to educate everyone you know! Thanks- only together in numbers can we bring about real change.
Part 2 looks at the big business and money motives behind the family law machine; it urges state legislators and others to fix Calif's courts, and it proposes a solution that would protect children. This film is a call to action if you care about this grave injustice that must be seen to be believed.
Part 1 introduces the cases and looks into Parental Alienation Syndrome (or PAS, the reigning paradigm in family courts); plus we take a look at the role of court-appointed mediators, therapists & evaluators in a broken system run amok that is damaging the lives of far too many children. This is a national outrage- please spread this film link to educate everyone you know! Thanks- only together in numbers can we bring about real change.
Part 2 looks at the big business and money motives behind the family law machine; it urges state legislators and others to fix Calif's courts, and it proposes a solution that would protect children. This film is a call to action if you care about this grave injustice that must be seen to be believed.
Friday, June 5, 2009
When $450 an hour isn't worth it
ANDREW WALLACE/ TORONTO STARSandy Morris, a former family law lawyer, left her job after growing weary of fighting tough divorces. She’s seen at home with kids Bronte, right, and Kalan.
Mar 13, 2009 04:30 AM
Comments on this story (39)
Susan Pigg
Living Reporter
Family law lawyer Sandy Morris had just helped finalize a difficult divorce when a box arrived at her Toronto office tied up with a big, gold bow. Inside was a strange gift from her elated client – a mounted fish with teeth like a shark.
"It was a barracuda," says Morris in an explosion of laughter. "I couldn't bring myself to throw it away. I'm sure he meant it in a really nice way, but I kept it in my office behind some books because I was embarrassed."
Today the nasty-looking reminder of her more than 20-year career as a divorce lawyer has a different hiding place, behind some family photos on the mantel of her Wychwood Park home. That is where Morris is now "detoxifying" after some difficult days in courtrooms that had come to feel like modern-day Colosseums.
The 45-year-old mother of two decided to "retire" from her $450-an-hour job with the highly respected firm Wilson Christen LLP after growing weary of watching couples fight to the death over everything from kids to cottages, RRSPs to religion.
"My husband said I'd reached my misery threshold," says Morris. "You have to be a particular kind of person to do family law because you're dealing with a lot of sadness day after day. It's hard not to have it affect you."
The barracuda's bite wasn't lost on Morris, who colleagues considered a workaholic and a "toughie" in the courtroom. She knows many people think of divorce lawyers as "sharks" more intent on racking up big billings than brokering peace. But Morris is adamant she has seen very little of that.
Instead, she blames legislative changes 10 years ago and "the dirty little secret you will not find in any self-help book or website" – that there is such a shortage of judges and court resources devoted to family law cases in some parts of Ontario. This is "increasing conflict" by leaving separated couples in a horrendous sort of legal limbo, living in the same house and unable (or unwilling) to agree on division of assets and even support payments without a judge's ruling.
The "inequalities" have become so acute that Morris and some colleagues talked of launching a Charter challenge based on the notion that couples are "being denied equal access to justice based solely on where they happen to live."
The province has been pressing Ottawa to appoint more judges; six were appointed at the end of last year. Attorney General Chris Bentley recently introduced family law reform legislation aimed at making divorce simpler and less expensive, said a spokesperson for his office.
Ironically, the 1999 overhaul of the procedural laws governing divorce, custody, support payments and division of assets was meant to simplify divorce, especially for the 10 to 15 per cent of "high conflict" couples who are simply unable to resolve issues without court intervention. It provided for mandatory case conferences and other informal settlement meetings before a judge, which has helped ensure just 2 to 3 per cent of all divorce cases now end up in full-blown trials.
The system generally works well in Toronto, but largely because a two-tier system of justice has emerged out of the chaos of the family court system. Couples who can afford it have turned to mediation, arbitration and collaboration, which has helped divert thousands of divorces from the courts. But those who don't have money have opted to represent themselves – judges estimate that is now 50 to 70 per cent of all divorce litigation – which has added to court delays.
Other jurisdictions – hardest hit are the fast-growing areas of Newmarket, Brampton and Barrie – have such a severe shortage of judges and court resources, "the case management system is, for the most part, broken down," says veteran family law lawyer Philip Epstein.
That has resulted in overloaded court dockets and months-long delays to appear before judges who are so overwhelmed, many openly admit they haven't had time to read the file. It is not uncommon for clients to take a day off work and spend $1,000 or more to have their lawyer just stand around in the courthouse waiting to be called before a judge who runs out of time.
Compounding the problem in Newmarket is that just a few days are set aside two months of the year – May and November – for trials.
Far from blameless, of course, are the couples who will use any weapon within reach – including their children – to exact vengeance.
"You would get some clients who would say, `I'd rather pay you than pay her (the ex-wife), so every procedural hurdle you can throw up, do it.' Some lawyers would do that, but most would say, `Go find yourself another lawyer because that's not how I work.'"
Morris had no plans, other than spending more time with her daughter Bronte, 12, and son Kalan, 4, when she quit last September. But weeks later, two former clients called her at home and started chatting about the more personal challenges of divorce – including how strangers were calling them for advice on dealing with everything from coping with upset children to developing new relationships with their ex-partners. Morris "felt sick" to suddenly see life "from the other side of the table."
This month the three will launch Women4Women, offering help from seminars to legal advice to a hand to hold on the road ahead.
Morris has seen too many lives devastated, which is why, she suspects, remarkably few of her family law colleagues are divorced.
"I think a lot of divorce lawyers stay married and work on their relationships because they know how awful divorce can be."
Source: http://www.thestar.com/living/article/601418
Thursday, June 4, 2009
NB Report of the Access to Family Justice Task Force
NB Report of the Access to Family Justice Task Force
Presented to the Minister of Justice and Consumer Affairs
The Honourable Thomas
In February of 2008, Justice and Consumer Affairs Minister T.J. Burke announced the appointment of a Task Force to examine the issues and challenges faced by the Family Division of the Court of Queen’s Bench.
Led by Justice Raymond Guerette of Campbellton, the seven-member task force included Michelle Boudreau-Dumas of Campbellton; Sheila Cameron of Moncton; Jennifer Donovan of Fredericton; Mary-Eileen Flanagan of Saint John; David Lutz, Q.C. of Hampton; and Brenda Noble, Q.C. of Saint John.
The Task Force was mandated to make recommendations to government that would lead to:
More timely access to justice in resolving family law disputes;
Expanded use of alternatives to the family court to resolve family law issues; and,
Increased access to legal information and legal assistance in family law matters.
The Report of the Access to Family Justice Task Force was tabled on June 2, 2009.
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Presented to the Minister of Justice and Consumer Affairs
The Honourable Thomas
In February of 2008, Justice and Consumer Affairs Minister T.J. Burke announced the appointment of a Task Force to examine the issues and challenges faced by the Family Division of the Court of Queen’s Bench.
Led by Justice Raymond Guerette of Campbellton, the seven-member task force included Michelle Boudreau-Dumas of Campbellton; Sheila Cameron of Moncton; Jennifer Donovan of Fredericton; Mary-Eileen Flanagan of Saint John; David Lutz, Q.C. of Hampton; and Brenda Noble, Q.C. of Saint John.
The Task Force was mandated to make recommendations to government that would lead to:
More timely access to justice in resolving family law disputes;
Expanded use of alternatives to the family court to resolve family law issues; and,
Increased access to legal information and legal assistance in family law matters.
The Report of the Access to Family Justice Task Force was tabled on June 2, 2009.
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Note: Below are the recommendations. The report appears to be an exercise on “dusting off” and rearranging the court furniture and changing the “emperor’s new clothes”. In other words, it lacks true substance and brings in more bureaucracies and government agencies to the nation’s bedrooms. Note that the task force lacked equal gender representation, made no emphasis on equal parenting as a presumption, dodged fairness in child support payments, (especially, when the custodial parent makes more than the non-custodial or non-residential parent), and the mention of parental alienation was like a ”flash in the pan”.
The report may be a start in the right direction but not as impressive as the photo op of the task force members.
I would like to hear your comments on this report.
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APPENDIX A: SUMMARY OF RECOMMENDATIONS
1. Endorse the Department of Social Development’s new model for resolution of child protection matters.
2. Create a separate court docket for child protection matters.
3. Create a separate Rule of Court for child protection matters.
4. Create benchmarks for process timelines.
5. Reduce the number of non-parent parties represented in child protection matters.
6. Implement legislative changes to:
a. define “all interested persons”
b. add a section on evidentiary requirements to the Family Services Act.
7. Implement settlement conferences as a precursor to trial.
8. In the very rare case where a child requires legal representation, it shall be provided by the Child and Youth Advocate.
9. The Family Services Act requires amendment to clearly define when it is appropriate to appoint legal representation for a child.
10. Provide public information and mandatory education regarding child and spousal
support.
11. Revise Rules 72 and 73 and the Family Court forms.
12. Create standard forms of orders to provide greater consistency.
13. Implement the new paradigm to provide a lean and fair system.
14. Implement a child/spousal support recalculation service.
15. Provide consensual dispute resolution options as alternatives to litigation in support matters.
16. Implement “Status of the Child” reports for child support files.
17. Provide public information and mandatory education regarding custody and access.
18. Implement a triage system of case management.
19. Expand and enhance the role of court social workers.
20. Provide consensual dispute resolution options for custody matters as alternatives to litigation.
21. Empower deputy sheriffs to enforce court orders.
22. Replace affidavits with a claim for relief in custody matters.
23. Revise Rule 72, Rule 73 and the Family Court forms.
24. Adopt higher threshold financial criteria for determining eligibility for Domestic Legal Aid, as recommended by the Review Panel.
25. Intake of clients should be done by Domestic Legal Aid lawyers who assist in the choice of process for dispute resolution.
26. Allow access to Domestic Legal Aid services for all components of a family law file.
27. Transfer support enforcement legal work to the Attorney General’s office.
28. Provide more Domestic Legal Aid staff and/or contractual lawyers.
29. A staff psychologist should be attached to the Court to prepare custody and access assessments.
30. Create a standard request form for psychological assessments.
31. Educate legal professionals at every stage of their careers in interest-based negotiation.
32. Introduce collaborative family law into the new model for child protection matters.
Report of the Access to Family Justice Task Force 61
33. Implement changes to Domestic Legal Aid to permit mediators more time to mediate.
34. Invest in administrative support, professional development and continuing education for mediators.
35. Establish mandatory courses at law schools and bar admission courses in interestbased negotiation.
36. Offer continuing education for judges and lawyers in a full range of dispute resolution processes.
37. Create new forms for Family Court in conjunction with the new paradigm.
38. Affidavits should be shorter and non-inflammatory and filed only after other forms of dispute resolution have been attempted.
39. Develop Rules to govern other dispute-resolution processes.
40. Adopt or create standard forms of court orders.
41. Make and enforce meaningful awards of costs.
42. Create a standing rules committee chaired by the Associate Chief Justice for Family Division.
43. Immediately appoint an Associate Chief Justice for Family Court.
44. Appoint three new Family Court judges.
45. Appoint masters to each judicial district.
46. Create and implement a province-wide computerized case management system.
47. Appoint a chief financial officer to be responsible for the budget and financial
management of the Court system.
48. Ensure a sufficient number of skilled administrative support staff.
49. Implement a workload assessment
Read full report PDF
1. Endorse the Department of Social Development’s new model for resolution of child protection matters.
2. Create a separate court docket for child protection matters.
3. Create a separate Rule of Court for child protection matters.
4. Create benchmarks for process timelines.
5. Reduce the number of non-parent parties represented in child protection matters.
6. Implement legislative changes to:
a. define “all interested persons”
b. add a section on evidentiary requirements to the Family Services Act.
7. Implement settlement conferences as a precursor to trial.
8. In the very rare case where a child requires legal representation, it shall be provided by the Child and Youth Advocate.
9. The Family Services Act requires amendment to clearly define when it is appropriate to appoint legal representation for a child.
10. Provide public information and mandatory education regarding child and spousal
support.
11. Revise Rules 72 and 73 and the Family Court forms.
12. Create standard forms of orders to provide greater consistency.
13. Implement the new paradigm to provide a lean and fair system.
14. Implement a child/spousal support recalculation service.
15. Provide consensual dispute resolution options as alternatives to litigation in support matters.
16. Implement “Status of the Child” reports for child support files.
17. Provide public information and mandatory education regarding custody and access.
18. Implement a triage system of case management.
19. Expand and enhance the role of court social workers.
20. Provide consensual dispute resolution options for custody matters as alternatives to litigation.
21. Empower deputy sheriffs to enforce court orders.
22. Replace affidavits with a claim for relief in custody matters.
23. Revise Rule 72, Rule 73 and the Family Court forms.
24. Adopt higher threshold financial criteria for determining eligibility for Domestic Legal Aid, as recommended by the Review Panel.
25. Intake of clients should be done by Domestic Legal Aid lawyers who assist in the choice of process for dispute resolution.
26. Allow access to Domestic Legal Aid services for all components of a family law file.
27. Transfer support enforcement legal work to the Attorney General’s office.
28. Provide more Domestic Legal Aid staff and/or contractual lawyers.
29. A staff psychologist should be attached to the Court to prepare custody and access assessments.
30. Create a standard request form for psychological assessments.
31. Educate legal professionals at every stage of their careers in interest-based negotiation.
32. Introduce collaborative family law into the new model for child protection matters.
Report of the Access to Family Justice Task Force 61
33. Implement changes to Domestic Legal Aid to permit mediators more time to mediate.
34. Invest in administrative support, professional development and continuing education for mediators.
35. Establish mandatory courses at law schools and bar admission courses in interestbased negotiation.
36. Offer continuing education for judges and lawyers in a full range of dispute resolution processes.
37. Create new forms for Family Court in conjunction with the new paradigm.
38. Affidavits should be shorter and non-inflammatory and filed only after other forms of dispute resolution have been attempted.
39. Develop Rules to govern other dispute-resolution processes.
40. Adopt or create standard forms of court orders.
41. Make and enforce meaningful awards of costs.
42. Create a standing rules committee chaired by the Associate Chief Justice for Family Division.
43. Immediately appoint an Associate Chief Justice for Family Court.
44. Appoint three new Family Court judges.
45. Appoint masters to each judicial district.
46. Create and implement a province-wide computerized case management system.
47. Appoint a chief financial officer to be responsible for the budget and financial
management of the Court system.
48. Ensure a sufficient number of skilled administrative support staff.
49. Implement a workload assessment
Read full report PDF
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