Barbara Kay: Real family-law reform must start with shared parenting

| | Last Updated: 15/10/13 4:16 PM ET



Children typically want to continue loving both their parents, which requires equal or near-equal physical time with both.


No one in government can use ignorance as an excuse for tolerating Canada’s dysfunctional legal system: Several recent reports have laid the problem bare.

Last April, the federal government released a special-committee report, “Meaningful Change for Family Justice: Beyond Wise Words,” which stated: “Canadians do not have adequate access to family justice.” In August, the Canadian Bar Association released its 50-page “Envisioning Equal Justice” report, describing access to justice as “abysmal.”

Now we have a new report, “Access to Justice: a Roadmap for Change,” the outcome of a project initiated in 2008 by Chief Justice Beverley McLachlin. The roadmap envisages better dispute-resolution options, more legal-aid funding, plus triage toward appropriate services and other tools for efficiency to help deliver speedier, more tailored service.

We know that family law accounts for 35% of all civil cases; that four of 10 Ontario family law disputes remain unresolved after three years; and that about 50% of family-law litigants represent themselves in court. And yet the Family Justice Working Group’s Report admits, “We lack an empirical understanding of what happens to family cases after they enter the justice system …. how many cases settle, when or why they settle, or after what cost and on what basis they resolve.”


None of the reports examine the most measurable outputs of Canadian family courts: child support, custody and access orders.

The numbers show that the system is unfair to men. Women are primary or equal breadwinners in many families, and about one in three fathers is a primary caregiver. And yet, among the cases surveyed by Statistics Canada in its report “Interjurisdictional cases of spousal and child support, 2010-11,” 96% of support payors were men. Moreover, according to a 2011 Department of Justice publication, “Sharing Custody — When Parents Separate: Further Findings from the National Longitudinal Survey of Children and Youth,” only 5.2% of sole custody is granted to fathers.

No province or territory has a department dedicated to ensuring that non-custodial parents (mostly men) have proper access to their children

The bias manifests itself in other ways, too. Government agencies in 13 Canadian provinces and territories dedicate themselves to collecting child support (often with draconian enforcement mechanisms). But no province or territory has a department dedicated to ensuring that non-custodial parents (mostly men) have proper access to their children.

Given this, I don’t believe reform can be accomplished merely by tinkering at the edges, or grafting new services and procedures onto a bad family court system.

Mediation — which all the reports recommend more of — only works where there is no advantage in an adversarial approach to either side. But since women know that their chances in family court are good, many have an interest in escalating the case to full-blown litigation.

The solution is a default presumption of equal shared parenting (rebuttable where there is demonstrable abuse). This was the recommendation put forward 15 years ago by the Special Joint Committee of the Senate and the House of Commons on Child Custody and Access, whose exhaustively researched report promptly was routed to a political oubliette where, shamefully, it still languishes.


The only losers would be lawyers

Children typically want to continue loving both their parents, which requires equal or near-equal physical time with both. Numerous credible studies conclude that this fairest of paradigms meets the best interests of the child, while being equitable to both parents. Influential ideologues may prefer mother-friendly courts, but polls show overwhelming, gender-neutral public support for an equal-parenting default. The only losers would be lawyers.

A default of shared parenting would diminish false allegations of abuse, an all too common strategy for gaining sole custody; and it would ensure the child’s continuing positive engagement with grandparents and other extended family members, who so often are tragically denied access to children they love by custody “winners.”

Divorce itself changed to “no-fault” decades ago. By what logic do post-separation parenting rights yet remain fault-based? All these fancy reports are treating the branches of a sick family-court tree, when the blight is in the tree’s petrified roots.

National Post




Commentary by the Ottawa Mens Centre

Canada is a corrupt country riddled in a cess pool of hatred towards men where men, fathers have next to no legal rights. The charter, the law in theory does not apply in practice.

The responsibility lies with the Judiciary who almost entirely have no shame, no guilt, no compassion or empathy for the abuse of children and men that they cause.

Our sick judiciary use what is called "Male Sharia Law". The latest twist is to respond to applications and notices of motion by bringing "an urgent motion" that is a "private child protection application" that takes the child/ren from a father and places them with Children's Aid Society who, then alienates the children from the father and places them with an extremely violent mother.

If the father objects to that idea, the children's aid society then claim he should have no contact whatsoever because he does not "support" their ideas that a child should reside with a mother when there is incontrovertible evidence of assaults upon the child/ren.

When the child protection organizations, cannot win fairly, they simply fabricate evidence.

Take Marguerite Isobel Lewis of the Ottawa Children's Aid Society who fabricated evidence personally to a judge that was the opposite of the evidence.

The systemic bias towards fathers permeates the police who fail to charge violent mothers who are encouraged by our judges to beat the hell out of fathers with total confidence that if he calls the police, they will believer her.

Then we have judges like Justice Timothy Minnema, a former Children's Aid Society Lawyer who cant help himself in fabricating evidence as a judge against a father.

The list of judges who are brazenly willing to make draconian decisions against fathers comprises of most of the judiciary.

In Ottawa,the list of names of judges who can be counted on to make anti-father decisions is staggering. 

These judges encourage lawyers to fabricate allegations, allegations of sexual abuse, to end children's relationships with their fathers on evidence that no normal person would look at.

This is destroying Canadian children most of whom grow up without a father. It encourages mothers with serious problems to abuse fathers and their children safe in the knowledge that if he offers any objection to her violence that he will never see the children again.

Our Judges, run a Eugenical Court, that treats fathers as  scum of the human race akin to placing fathers in cattle carts to be sent to concentration camps.

More commentary

Thanks to Babara Kay and the National Post for pointing out that 96% of children end up in the custody of mothers when at least one in three fathers is the primary parent.  That status ends when ever she wants. with around 90% of those primary parent fathers having the children being removed from his care and placed with the mother.

One of the primary instruments of terror are the Child Protection Workers who are brainwashed in a culture of hatred towards fathers where violence by mothers towards fathers does not and cannot exist.

If a woman is habitually violent to children that must be because "he provoked her" and "we don't have a clear picture of what he was doing to her to provoke the violence" to explain the fact that there was no evidence any provocation.

Now police arrest Male victims of domestic violence, refuse to photograph their injuries and call in Child Protection Workers to fabricate evidence, ignore evidence to take children away from loving fathers and place with them with violent mothers with serious personality and or violence problems.

In Ottawa, Detective Peter Van der Zander fabricated evidence to justify NOT charging a mother who admitted assaults . He then failed to interview the father or photograph his extensive injuries in order to "remove the children from his care". He then kept the male victim in jail for the best part of a day without charges. This is just typical of the Ottawa Police Partner Assault.

Then you have a Man Hating Corrupt Crown Attorny Tara Dobec of Ottawa who is famous for WITHDRAWING charges against women in spite of incontrovertible real evidence of shocking photographs taken by doctors with their medical reports, while prosecuting men to trial when the only evidence is a she said.

In Ottawa its perfectly normal for women to punch their husbands in the face, to call police who arrest the father with blood pouring from his nose.

It is getting worse all the time. Fathers in Canada are treated as sub human scum by those who are entrusted to be Judges, child protection workers, and worst of all lawyers like Marguerite Isobel Lewis of the Children's Aid Society who personally fabricate evidence to destroy fathers and abuse children.




Ottawa Superior court at 161 Elgin Street Ottawa is riddled with Judges who do everything they can to ensure that "procedure" disadvantages fathers and assists mothers.

Its a very corrupt vile practice that needs to be exposed.

Urgent Motions.
These are available to any woman who wishes to make the wildest uncorroborated allegation. They are often heard by "masters", not judges to gain an order for an "urgent motion" to be heard literally minutes later when the material is served only hours previously, late at night.

Imagine you are a full time father and at 9:00 pm you are served allegations of sexual abuse when the Children's Aid Society just concluded a week long investigation and found no evidence to support the mother's allegations. That's where the new practice of "Private Child Protection Applications" comes along in the form of "an urgent motion", at least thats what the documents read but in
reality, its asking a judge too do what CAS will not do, and remove the children from the father and place them in a FOSTER HOME.

Now that's not a decision, even the most ardent man hating judge will make. That requires knowing WHO the judge will be. By a amazing coincidence, the father will discover that the judge, was until recently a child protection lawyer.

Then there is another judge in Ottawa whose draconian decisions against fathers are legend. He is called "The worst of the worst", "the judge who never smiles" and these nicknames, are by lawyers and his own court clerks who are disgusted by the sight of him.

Ottawa is not alone, across Canada we have Family Court Judges who do NOT apply law in theory but apply in practice, a policy of Male Apartheid , its a policy of turning fathers in to SLAVES.

Once you get a dishonourable judge make an order, odds are the children will never see their father again.

It gets worse. Now Ontario Jails are getting filled not with criminals but fathers whose only crime was to be a father and be subject to a society that encourages women to habitually abuse and assault fathers.

Real Crime Starts in Family Court.



 96% of our Judiciary are actors in a stage in an almighty pretense of justice that fools few. They are there to act like judges of Adolf and treat 50% of parents, fathers as a sub human species who should not have and do not have legal rights.

What makes it so offensive is that this hatred towards fathers abuses children many of whom grow up to be dysfunctional adults deprived of love and affection who in turn don't know how to be parents and who in turn end up in failed relationships.

Its a cycle of repeated generations of "gender cleansing" and  while Canada protests about atrocities and slavery in other countries, Canada in reality practices a modern form of fascism that is shocking, appalling and an insult to the fundamental principles of justice.

For this, we can THANK our Judges who are the key instruments of terror of Canadian fathers and children.

In Ontario, there are 48 private corporations who earn One billion dollars a year. The children's Aid Society of Ottawa has 75 Million  Dollars of motivation and300 employees as reasons for fabricating evidence generally against fathers. It is a Government funded Criminal Organization that is notorious for fabrication of evidence and yet, our Judges turn a deliberate blind eye to their obvious Criminal offenses.

The CAS over the last decades have changed the law to suit themselves, they are allowed triple and quadruple hearsay, in fact, any document by CAS is assumed to be fact when most of the time, the odds are that any document provided by CAS is more likely to be at least a misrepresentation or at worst, a fabrication designed to obstruct justice.

These fabrications are generally blatantly  obvious but our dead beat Judges turn a deliberate eye and refuse to acknowledge even the clearest of evidence that might show anything negative towards a mother.

The effect is to grant women a right to kill their husbands, on uncorroborated claims of abuse, to end a father's primary care role as a parent upon a simple uncorroborated claim of child sex abuse.

Judges encourage false allegations to give them a "justification" to remove children from fathers and place with mothers who are not just a risk but a certainty of emotional  and or physical harm which the courts don't want to see or hear.

Canada treats men as Jews were treated in the 3rd R before and during ww2.