This will be a very long read, but I am asking you to spend the time, read the entire article, and take action. It will cost you nothing, all I am asking for is that you support me and all other parents that have been denied access to their children. In my case, I am the grandfather. I am doing t... access page ...

This will be a very long read, but I am asking you to spend the time, read the entire article, and take action. It will cost you nothing, all I am asking for is that you support me and all other parents that have been denied access to their children. In my case, I am the grandfather. I am doing this to support my son. Selfish reasons, I want to see my grandkids. It was my grandson’s birthday a few weeks back, Christmas has come and gone, tomorrow will be my granddaughter’s birthday, no card, no presents from her father, not that we don’t try, but tomorrow I’m sure the mother will be telling her “See, your father doesn’t care about you”.

While I wish I could help every parent across Canada, even throughout the world, I have to concentrate of issues here in Ontario. Others may choose to use this approach in other areas, I wish you the best of luck and I would like to hear your results.

As I live in Ontario, this is where I am concentrating my efforts. Some of these issues cross both provincial and federal line, but we have to start at the provincial level.

For the purpose of this article, I am only going to refer to the different systems as the Court System, I am not going to try to break things down into the Ontario Family Courts or the Ontario Court of Justice or whatever court system you are dealing with.

The following points need to be addressed:

• FRO. The Family Responsibilities Office. FRO acts as a collection agency for the custodial parent. FRO’s is responsible for ensuring that court ordered support payments are collected from the non custodial parent and paid to the custodial parent. To do this, they have been granted the power to seize wages right at the source. They have also extended their reach to allow them to seize income from federal sources such as income tax refunds and pension payments and from private pension funds. The only purpose of FRO is to enforce the financial transactions of the court system. They are no different from any other collection agency with the exception that they have more power.
  
  
• Court Orders. A judge in the court system issues orders based on their opinions. And we all know what opinions are, everyone has one. Orders are issues based on information provided to the judge, the information is often misleading, it may be incomplete, and in the family court system, it is often based on outright lies. Information is often blocked by the lawyer for the custodial parent, information that may prove that the custodial parent is lying, information that may be detrimental to the efforts of the custodial parent, information that could be important to the safety and well being of the children involved.
  When an applicant swears out an affidavit and submits it to the court, it is taken as fact, there is no opportunity to challenge the affidavit, no ability to force the applicant to prove false claims. The applicant must be available to be questioned by the judge or the respondent’s representative. Funny how people will lie on a sworn affidavit when they know that they can’t be challenged in the courts. But with no challenge permitted to the affidavit, a judge makes their decision on the written word only. Orders are then issued based on lies and usually detrimental to the non custodial parent.
  
  
  
• Orders for assessment of the parties involved. Often the judge will order the assessment of the children by a professional in the required field and may order an assessment of the other parties as well. The custodial parent, having control over the child has the option as to who sees the child. Often lawyers will have access to a list of doctors, physiologists, and other experts that are willing to provide reports to the courts. The list will only include those that have worked with the lawyer before and delivered the results that the applicant requires to support their position. They will refuse to accept any specialist that they have no control over what they may include in the reports.
  
  
  Any assessments of the children must be done by a representative selected by mutual agreement, and if there is no agreement, the courts must assign a specialist. As in many cases the custodial parent will attempt to suggest to the child what they should say during any assessment, something must be done to avoid pressure on the children to say what the custodial parent wants. Perhaps any interviews could be conducted at the school during the school day with no advanced notice to minimize custodial parent interference, the is no question that this will be difficult, however a true independent professional should be able to determine if the child has been influenced by the custodial parent.
  
  
  
• Enforcement of Court Orders. In many cases, there is no method of enforcing court orders. In other issues, it is easy to enforce a court order. Financial orders are enforced by FRO, they have the ability to seize funds to from just about any source, custody orders are enforced by the police, should the non custodial parent be late returning the child, the police will respond, seize the child, and arrest and charge the non custodial parent.
  
  
  Unfortunately even with a police enforceable court order, the police will only respond as a low priority call if they respond at all. Even though the order is police enforceable, the police will not take the children from the custodial parent and turn them over to the non custodial parent. The police, if they respond, will only take notes and advise the non custodial parent to go back to court to get another order or file a contempt charge. Another Oder that won’t be followed, but a contempt charge that should be enforced, but seldom is.

From Family Law Act, R.S.O. 1990, c. F.3

Contempt of orders of Ontario Court of Justice

• 49 (1) In addition to its powers in respect of contempt, the Ontario Court of Justice may punish by fine or imprisonment, or by both, any wilful contempt of or resistance to its process, rules or orders under this Act, other than orders under section 46, but the fine shall not exceed $5,000 nor shall the imprisonment exceed ninety days.  R.S.O. 1990, c. F.3, s. 49 (1); 2006, c. 19, Sched. C, s. 1 (2); 2014, c. 7, Sched. 9, s. 9 (1).
  
  
• Conditions of imprisonment
  
  
• (2) An order for imprisonment under subsection (1) may be conditional upon default in the performance of a condition set out in the order and may provide for the imprisonment to be served intermittently.  R.S.O. 1990, c. F.3, s. 49 (2).
  
  

Full text available here:

https://www.ontario.ca/laws/statute/90f03

So what can I do?

Step 1

Postings to social media do nothing, they are ignored. Not that we shouldn’t share our stories, but the politicians aren’t following your FaceBook page. Postings to sites like this give us a chance to share our stories, but we are preaching to the choir, those on here already know the issues. And Online Petitions carry little if any weight to the government, just a bunch of anonymous signature. But a letter, in the old days, or an email gets their attention.

As a first step, I ask that every person that is being denied access to their children send an email to their Provincial MPP with a copy to Belinda Karahalios  at belinda.karahalios@pc.ola.org

Ms. Karahalios is the Parliamentary Assistant to Minister Lisa MacLeod, Minister of Children, Community and Social Services/Minister Responsible for Women's Issues the Minister of Children, Community and Social Services as well as being my MPP for my riding and is supporting my efforts.

A link to a complete list of all MPPs and email addresses if below.

In the email, please include a few lines about your personal situation, how long it has been since you have seen your children or other issues you have had seeing you kids. Call on your MPP to make changes to the Family Responsibilities Office to change FRO from a collection agency to an agency fair to both parties, and most important, Fair to the Children.

A sample,,,,

Dear MPP:

It has been close to 5 years since I have seen my children. The custodial parent has done everything in their power to alienate my children from me by telling the children that I have no interest in being part of their lives and then blocking all access to my children as a way of confirming to them that I don’t love them.

While I have court orders allowing access to visit my children, the custodial parent has continued to violate these orders. Charges of contempt have little effects as a judge is hesitant to issue a finding of contempt as they do not want to imprison the custodial parent or fine them, the only options under the Family Law Act.

Birthdays come and go, Christmas, other special days, and I am prevented from participating in my children’s lives. I’m afraid that by the time they are old enough to make their own decisions the custodial parent will have completely alienated my children from me and they will never recover.

While the Family Responsibility Office acts as a powerful collection agency for the custodial parent, there is nothing in place to enforce the non custodial parent’s rights to see their children, to participate in their lives, their well being, their education, and to tell our children that we love them.

While there are many issues with the court system that need to be addressed, you have the power to correct some of these injustices with changed to the Family Responsibilities Office. By changing the mandate of the Family Responsibility Office from a collection agency to an enforcement agency that has the ability to make sure that not only are support payments are enforced but that access orders are also enforced.

There are many divorced couples that have been successfully able to ensure that both parents are involved in the lives of their children, they are not the issue. The issue is when one parent chooses to punish the other parent by blocking all access to the children. These are the cases that require assistance.

With the power of the Family Responsibility Office, adding in the power to withhold payments to the custodial parent if they refuse to follow court ordered access could be a great step towards correcting access rights. When a judge issues an order in a valid court in Ontario, one would expect that the order is not a suggestion, it is an order to be obeyed. When a judge issues a support order, it is enforced by FRO, when a judge issues an access order, why can it not also be enforced by FRO.

The non custodial parent currently has no options except paying for a lawyer to go back to the courts for another order that the custodial parent will violate again. Contempt doesn’t seem to be an option in the current system. But a financial penalty could go far to correcting the actions of the custodial parent.

I am not suggesting that the support payments be forfeited, only held back until the custodial parent chooses to follow the court ordered access orders. I would expect that most of the time this would correct the actions of the custodial parent, however consideration must be still given to those that will deny access for several months and then allow one visit to collect the support payments and reset the clock and then go back to violating the order.

As most divorced parties do not need this, they are more concerned about the well being of their children than punishing the other parent, provisions only need to be made to allow the non custodial parent to call for this enforcement.

Every child deserves two parents, you have the power to make this happen. I am calling on you to support changes to the Family Responsibility Office to turn it from a collection agency to an agency that will ensure that Family Responsibilities includes raising and loving our children.

Every child deserves two parents that love them.

Thank You

A concerned parent.

Please feel free to copy and paste this into an email, make changes to personalize it for your situation, or write your own email.

If 1 or 2 email their MPP, nothing will change, if 20 email their MPP, they will take notice. If a hundred people send in this request, we will have a force to make changes, and if a thousand affected parents and families were to contact their MPPs, we can force change.  

If every parent that has been denied access to their children were to send this to their MPP, we can change the laws.

This is only the first step, but we must succeed here first, and with support, we can change the Family Law Act to provide joint parenting in every case.

Remember, EVERY CHILD DESERVES TWO PARENTS.

Ontario MPP Contact Info

A complete list of all Ontario MPPs is available here

https://www.ola.org/en/members/current/contact-information

Please copy Belinda Karahalios on the email.

Together we can change the system. This is only the beginning. 

Participate here / Automated parliamentarian / federal/ Canada wide or any other contact list e-mail bomber
http://www.advocacycanada.com/AdvocacyCanadaCampaignDetails/33

bull shit. there is no fairness or justice in the court system.

the family law system works for CAS. they are able to take your children and break the law with the court system covering up for them.

i have lost four children now as the court states there is no such thing... access page ...

bull shit. there is no fairness or justice in the court system.

the family law system works for CAS. they are able to take your children and break the law with the court system covering up for them.

i have lost four children now as the court states there is no such thing as parental rights.
i have been treated like a criminal without having a criminal record of any kind.

i cannot afford a lawyer but don't qualify for legal aid. I was appointed a PGT lawyer on false claims and she refused to represent my case , taking no position and putting me in default for the removal of my children.

two children made wards without access on false claims. and two children kept from me despite a custory order. i am told there is nothing I can do. I am told that i am not entitled to know whether my children have been adopted or continue to live in foster homes and there is no other court applications I can do. It just does not seem right.
My children are going to grow up thinking I abandoned them while I cry everyday over the loss of them and my inability to do anything about it

I am unable to be considered politically active while employed by Elections Alberta!
But my stance, privately, is that the conservatives have created the mess our courts are in.
The current judiciary have almost all been appointed by previous conservative governments and
adhere ... access page ...

I am unable to be considered politically active while employed by Elections Alberta!
But my stance, privately, is that the conservatives have created the mess our courts are in.
The current judiciary have almost all been appointed by previous conservative governments and
adhere to the principles inherent in the control of the people in favour of money, power and greed with
an absolute disregard for the average citizen and their individual rights. Most importantly, by denying the rights of parents the rights of the children are equally destroyed/compromised as they become collateral damage in a system that systematically destroys and bankrupts (financially, emotionally and psychologically) the parents creating a life of instability and fear resulting in less than productive, contributing members of a free and democratic society. The children are considered with out status and/or rights in the family law mess that this country is in.
If this, or any government, is sincerely concerned with the rights of the individuals and especially the children then family law needs to be taken out of the courts where divorcing parties are manipulated
and coerced using children as pawns in what does not need to be an adversarial system. This system has been set up for the sole benefit of lawyers and judges and is nothing more than a well oiled “machine” reaping huge financial benefits and costs for themselves at the human and social cost of compromising the inherent potential of human beings.
The cost savings of taking family law out of the courts is an astronomical saving to the taxpayers who are
unwittingly contributing to a system that is designed to destroy them. Lawyers will be out of work but that’s no different than a factory closing and all employees are laid off - they either find other work or remain unemployed as so many others do.

Divorce is really a victimless crime and the overzealous use of the courts in family law matters creates a victim like atmosphere.
The use of the legal system must be balanced against the contrived inability of the courts to meet the demand for the hearings of criminals. Why can Family law applications be heard up to 5 plus times per year and yet the courts claim criminal matters are exceeding the time taking for a trial and setting criminals free?
Only one answer - money! Criminal lawyers don’t make the kind of money that family law lawyers extort from clients plus now there is an increase in court costs being awarded to ensure the courts viability, off the backs of parents, while trying to justify their very existence but also perpetuating the insanity as lawyers now seek costs as a means to self-support. Again, all these factors contribute to a toxic environment for the children to grow up in - not only in the family but in society in general. The disregard for the children by the legal system, is in the writer’s opinion, that these children are more likely to have a disregard for the “law” when it is seen as extortionistic.
Family law, in this country, has contributed to more unrest, distress, crime than even criminal law.
Perhaps take a look at Denmark’s family law system! A first class country with a first class legal system and the treatment of its citizens. Unlike Canada, considered a first class country, but in fact, as experienced by the writer, it is a third world legal system

That’s pretty much what I got from my conservative MP. Although it took 3 weeks (and daily requests for an answer after 2 weeks). He got a staffer to respond and they blamed the province (ON) for the issues with family court. I asked how it’s the provinces fault that they follow feder... access page ...

That’s pretty much what I got from my conservative MP. Although it took 3 weeks (and daily requests for an answer after 2 weeks). He got a staffer to respond and they blamed the province (ON) for the issues with family court. I asked how it’s the provinces fault that they follow federal legislation and federal support guidelines. I also asked what changes they would make if they formed the next government. 
It’s been 6 months and I’m still awaiting a response to that. The system will not change until those unaffected by it are as outraged as those of us being affected by it!

Omg that’s brutal and so very unfair to the child let alone the father! Family law is so outdated and needs to be fixed so things like this are not allowed to happen! Sick to my stomache

Omg that’s brutal and so very unfair to the child let alone the father! Family law is so outdated and needs to be fixed so things like this are not allowed to happen! Sick to my stomache

Tonight the Jim radio show reflects on previous epis...

Hello. First off let me say, I'm so sorry for what you have been going through the past 4 years,and the continues fight you will have to go through. I'm not sure where you live, but usually every place has the best interest in the child rule. What that means is the court does not care about anyth... access page ...

Hello. First off let me say, I'm so sorry for what you have been going through the past 4 years,and the continues fight you will have to go through. I'm not sure where you live, but usually every place has the best interest in the child rule. What that means is the court does not care about anything other then what's best for said child.

If you have been in her life for 4 years I would assume you have a good relationship and have proof of it (pictures, drawings etc,).

Any person can ask the court for access of a child aslong as that child would benefit from it. If I were you I would definitely apply for some sort of access, and you should be able to get something. How much would depend on many factors including the judges personally opinion. I would continue to ask her for some sort of contact and keep records of everything she says.

The records matter so keep them, and any evidence you might have to prove all the things she said/ done in the past.

I think it is a great move. Personally I see it as being guilty of an offence that was never committed. In this country we are all innocent until proven guilty. So why is it that she can run to a lawyer after 4 years together, giving birth to a beautiful boy and costing me 250K in less than 5 yea... access page ...

I think it is a great move. Personally I see it as being guilty of an offence that was never committed. In this country we are all innocent until proven guilty. So why is it that she can run to a lawyer after 4 years together, giving birth to a beautiful boy and costing me 250K in less than 5 years? I didn't commit murder or was part of a capital crime, it just didn't work out for the two of us.

Now my son is ten years old and going through hell because of a manipulative controlling narcissist that keeps getting away with ignoring the court order.

I say, immediate joint custody when people break up, then bring a motion on all the B.S. to prove one over the other then figure out the penalty. At 62 years of age I am not sure I will ever recover from the emotional damage let alone the financial damage. I continue to fight for this little guy.

If it's the best interest of the child, then prove on 50/50 joint custody that both parents are willing to bust their ass to win and that way the child will always win.

Family Law is WRONG and violates my rights and freedoms. As a father that wants to parent his child, I am denied that gift as long as the cards are stacked against dads.

Child support???? I gave up 66,000.00 over 5 years and my son goes to school with mouldy lunches and dressed like a hobo. Worse part, there's nothing I can do except spend spend spend on lawyers. Child support accountability with receipts to prove the money goes to the child. Right now ???? who knows where it goes.

I know you've heard it all before but somehow this insanity has to stop.

Keep up the good work because there are just as many deadbeat moms as there are deadbeat dads.

Thanks

john

As a Mother I am not threatened by Shared Parenting becom...

So I am considering.. after I am done my program I am in now; of going back to school and studying family law. For all of you who has taken this career path; what's it like? How many years to get a good position/my own law firm/ or with legal aid or something. I have had alot of inspiration; and ... access page ...

So I am considering.. after I am done my program I am in now; of going back to school and studying family law. For all of you who has taken this career path; what's it like? How many years to get a good position/my own law firm/ or with legal aid or something. I have had alot of inspiration; and obviously experience with child protection cases and being on the defensive side. I really want to help families like myself. An advocate type of job... maybe? Would I just have to take child and youth work for advocacy? or can I take up law... I feel very educated on the subject; and feel as though I could help represent alot of families.