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We Can Make Changes to the Family Court System A Call to Action

Thursday, January 10, 2019 - Information - PRobertson

I have heard from some that they have sent the letter to their MPP. Am I'm sure that some have sent it to their MPP without telling me. I don't need people to tell me that they sent the message, but I do appreciate the words of support.

But we need more, we need to contact everyone we know and have them email their MPP. It doesn't have to be someone that has lost their kids, they may have a great relationship, but things can change. A friend or relative could find themselves in this position. The time to act is now. They don't even have to be parents, they just need to recognize what is the right thing to do. They need to recognize what is best for the children. 

Today I received an email from a high ranking government official.First came the excuses, there is nothing I can do: 
In Canada both the provincial and federal governments share jurisdiction when it comes to family law matters.  The law pertaining to support and child custody/access is shared between the provincial and federal governments according to whether the parties have initiated divorce proceedings.  If divorce proceedings have been initiated, the federal Divorce Act governs.  If divorce proceedings have not been commenced, the provincial law governs support and custody matters. 
(Quoted)

Their advice, go back to the courts. 
The primary legal remedy for the enforcement of an access order to a child is the court’s contempt power.  If a parent does not comply with the terms of an access order, the other parent can bring an application to the court to find the parent in contempt of the court’s order.  If the court finds there has been a wilful refusal to comply with a family court order and the parent is found in contempt of court, there are a number of possible remedies the court can choose.  These include an order committing the parent to jail or requiring the parent to pay a fine.  The withholding parent may also be required to pay the court costs of the proceeding.  Generally speaking, courts are reluctant to impose penalties that would have a harmful impact on the child.  (Quoted)

File contempt charges when the custodial parent doesn't allow access. Get another court order that will also be violated. And apparently lying in court is against the law and a person can be punished for this action. So does that mean that no one lies in the family court? Has anyone ever heard of someone being charged for lying in the family court? Has anyone ever been punished?

You also raise the issue of parties making false statements in family court proceedings.

If a party in a family law case knowingly provides false information in an affidavit, such behaviour could constitute perjury, which is a criminal offence.

Early when my son's case was still in the Family Court, his X filed papers on finance. When she falsified some banking documents, she got a little confused. As she was claiming that my son had withdrawn his name from accounts, she presented a document that she claimed he had signed at the bank almost a year before. But when she falsified the document, she got confused on the date. The date on the document was in the future, not in the past. But as it was to do with money, and this was family court, it didn't matter. Proof that she was lying on one issue, how can she be honest for the rest. Due to privacy laws, my son couldn't get the details, but an employee of a credit union may or may not have been fired as a result of that document. If they were, they were the only one punished for a false affidavit was the clerk at the credit union.

While there wasn't any really good news in the email, it still proves that I have their attention. They were responding to an email that I sent to an even higher politician who forwarded my email to them. 

Please contact your MPP. Please share this with everyone and ask that they contact their MPP. With enough support we can make changes. It is a long and arduous trip, but every journey starts with a single step.

Every Child Deserves Two Parents.

Thanks for your support.

 

 

 

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We Can Make Changes to the Family Court System A Call to Action

Audience: Public
by PRobertson
X 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 childr... More >>
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