In Part 1, I applauded the positive measures in this new government initiative - Bill C-78. Unfortunately, there are a number of serious deficits in this proposed reform of child custody legislation. I believe that there are tenable solutions available to signficantly improve Bill C-78.
CHILD CUSTODY REFORM - BILL C-78 FEDERAL GOVERNMENT DIVORCE REFORM
Good Tune-up, But Still Driving With Square Wheels
Child Custody law needs reform! The Family Rights Movement in Canada has long been advocating for real change in our broken child custody system. In 2014, Bill C-560 was voted down at 2nd Reading in Parliament, even though the then ruling Conservative Party officially supported Equal Shared Parenting. Now, the majority Liberal Government has introduced Bill C-78. It is an admirable "first move". It is not enough.
MEN'S SHELTER - GET ON BOARD!
A Family Shelter for abused men and children is to be established in the Toronto area but it needs your help and support. Such a shelter is an all important social service, hitherto lacking in Canada. Read more about the shelter here: Family Shelter for Abused Men and Children. Without a doubt there are indeed male victims of Intimate Partner Violence (Domestic Violence). They have been a very underserviced population but they need our help just as much as female victims of IPV - DV. It has taken a visionary organization such as the Canadian Centre for Men and Children to undertake the preparatory work in an exemplary fashion. Please consider helping out.
GRANDPARENTS, GRANDCHILDREN, CHILD CUSTODY, ACCESS, VISITATION
Advocates Daily dot com has highlighted my contemplation of the grandparent/grandchild access conundrum. I hope that these articles will provide much needed inspiration for all of us to seriously consider the harm that is done to grandchildren. It's not just a simple matter of judges stepping in. We need a profound change in societal attitudes, a "sea change" or "sea shift" if you will. These cases need to be resolved by all of us - and that should ideally be outside of court where at all possible.
CHILD CUSTODY LAWS NEED SEA SHIFT SOCIAL POLICY CHANGES
Social policy drives child custody laws. . Until now, common "wisdom" has told us that kids are generally better off with one parent primarily; usually that has translated into maternal sole custody.
How to Reduce Conflict in Parenting Time Access Exchanges
Preparing the Child for the Parenting Time Access Exchange:
Disappearing Dads - A Report from the Canadian Association for Equality Panel Discussion 26 November 2015
Due to the tremendous force of gender role expectations, it has been a struggle for divorced men to bring their personal struggles into the public sphere. On a chilly November evening, I headed downtown to attend a lecture on "Disappearing Dad's", hosted by the Canadian Association for Equality. The event was heavily protested. The irony of the backlash at this lecture was that we were joining together to discuss an issue that affects men and women alike.
PARENTAL ALIENATION - ALIENATED CHILD (NOW AN ADULT) RESPONDS
I recently received some important feedback concerning a parental alienation case. The email was from the alienated child (now an adult). His point is that things are not always what they seem to be when we look only at a reported case decision. My response is that as adults we must be so very careful to never engage in behaviours that will damage a child. Here is our exchange (identifying details have been redacted):
Hague Convention - Child Abduction
The international treaty known as the Hague Convention on the Civil Aspects of International Child Abduction is part of the statutory framework in all Canadian jurisdictions as well as in over 75 countries. The Convention addresses the inter-jurisdictional legal conflicts when a parent or guardian removes a child from country "A" to country "B". Children wrongfully removed ought to have their residential status determined by the jurisdiction with which they have the closest connection. "Forum shopping" is discouraged.
Motions to Change and Material Change in Circumstances - The passage of time is just not enough to prompt a change in residential time.
Brown v. Lloyd was a motion by the dad to change the previous final order so as to increase his already liberal access time with his then 9 year old son to equal parenting time. The Ontario Court of Appeal dismissed dad's appeal from the trial decision (five day trial) that had dismissed his motion for equal time. The appellate court reminds us that even before you can get to first base, you have to establish a "material change in circumstances".
