How have we got to a point where the system determines it as in a child’s best interest to deprive them of a loving and devoted parent? That is the question being answered by a recently released report on the sorry state of the family justice system in this country...
Family court judges are misguidedly harming children by granting sole custody to one parent – usually the mother – in bitter divorce battles, says a comprehensive new report.
Too many children are being "robbed of the love of one parent" by a legal system that is out of touch with the needs of children and treats them like property to be won or lost, says Edward Kruk, an expert on child custody issues.
"The system is set up to polarize parents, to make them enemies, to set up fights over custody and exacerbate conflict rather than reduce it,"says Kruk, an associate professor of social work at the University of British Columbia, whose three-year study is now in the hands of Canada's justice minister.
He calls what's happening in Canada's divorce courts "a national shame" that leaves families bankrupt from legal fees and pushing parents, especially fathers, to suicide.
Especially devastating are the long-term effects of court orders that essentially cut one parent out of children's lives – usually the dad – in a misguided effort to foster peace between warring parents, the report says.
It is a subject that Mikey and I are sadly, intimately familiar with.
In the current system the default position of most custody arrangements, in the event of divorce, assumes a primary residence (usually the mother’s) is the best place for the children and relegating the father to a position as “guest” or “visitor” serves the purpose of limiting disruption and conflict. Most fathers get shepherded into this role by well-meaning officials who caution against expensive legal battles and the overwhelming odds they face under the jurisdiction of a sexist court. For years, men have been told that taking a back seat in the lives of their children would be the best solution for everyone.
Nothing could be further from the truth.
But what happens when even that meager role is usurped by a spiteful ex-spouse with no qualms about using the children to exact vengeance against their former partner? Mikey and I have found, in our own personal experiences that negotiated agreements and court orders are hardly worth the paper they are written on; That violating them elicits hardly a raised eyebrow in the forum of the family court system and that very little is done – or even desired to be done – to ensure that both parties live up to their obligations to a productive working relationship. Of course, this disparity is completely one-sided, meaning that a father who routinely violated court orders and agreement terms would be summarily stripped of all his parental rights, but a mother…? She can engage in the most relentless campaign of egregious violations and alienation with virtual impunity.
What – aside from her bloated sense of self entitlement -- makes her think she can behave this way and get away with it? The short answer is, the very system that is supposed to be protecting families from this kind of destructive behavior, is set up in a way that not only enables it but often encourages and rewards it. And as a result, the children are the ones who truly suffer.
But all of that may be set to change. It is with some encouragement and (dare I say) hope, that I read about new landmark cases where women are finally held to account for the selfish and destructive ways in which they seek to undermine the supportive and vital role of the father in the lives of their children. Some of you may remember the case of K.D. Well, as a follow up to the unusual step of revoking custody and access away from a mother who feverishly worked to alienate her children from their father, she is now faced with contempt of court charges, costs and fines, for continually violating court orders and agreements…
A 42-year-old Toronto mother has been fined more than $35,000 for systematically alienating her three daughters from their father after the couple's marriage broke down.
In making the unusually harsh ruling, Madam Justice Faye McWatt of the Ontario Superior Court said that the woman - a chiropodist identified only as K.D. - blithely flouted a series of court orders aimed at restoring her children's relationship with their father.
"The respondent came to this court time and time again and consented to orders in question," Judge McWatt said. "Once she left this building, she ignored the orders, believing that she could escape scrutiny. The evidence of her contempts is overwhelming."
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"At the end of the day this was a case about a parent who did not care about what was best for her children," the father's lawyer, Harold Niman, said in an interview yesterday. "The contempt findings and penalties will hopefully make it clear to other like-minded parents that orders are to be taken seriously - and there are consequences to those parents who ignore them."
It is a tiny step, in a singular case, but under the rising tide of injustices coming to light, and study after study outlining the destructive consequences of the current family law prejudices, not to mention the recent epidemic of mothers who murder their children out of spite and fathers who commit suicide out of desperation, the circumstances are ripe for a sea change in our attitudes and the way the system handles families that break down.
This newest report calls for legislation that makes equal time parenting the default position, making exceptions only to accommodate when the children's safety is in jeopardy. For a number of years, my feeling has always been that this is the better way. Starting from a position where neither parent holds the balance of power and an opportunity to wield it over the other, easily eliminates many of the natural aggravating factors that interfere with an already strained relationship. When parents don't feel the need to constantly defend their already limited role in the lives of their children, they can devote more of their time to actually living with their kids.
How is that not better for everyone involved? Let's just hope the law begins to agree.