I have met and heard the tragic stories of many parents. PA is a function, by and large, of a custodial ex-partner, although some alienation can start while the couple is still together.

This blog is a story of experiences and observations of dysfunctional Family Law (FLAW), an arena pitting parent against parent, with children as the prize. Due to the gender bias in Family Law, that I have observed, this Blog has evolved from a focus solely on PA to one of the broader Family/Children's Rights area and the impact of Feminist mythology on Canadian Jurisprudence and the Divorce Industry.

Tuesday, August 19, 2008

Death of Katelynn Sampson lights fire under politicians derrière with respect to custody

The tragic death of this 7 year old vulnerable child has sparked the law makers to examine ways to prevent this from happening again including amending the law and perhaps even looking at those in the judiciary charged with making these very fundamental decisions. Hopefully, it will be a holistic and all encompassing look given the state of family law in this province and the disrepute family courts and their Divorce Industry participants find themselves, particularly amongst men and fathers.

Why wasn't the father sought in this case? Where was the father? I see his picture attending the funeral! Was he that hard to find before hand or was the judge to lazy to have him tracked down? Was he a write-off as a parent as the mother and guardian appear to be? So many questions so few answers.

It's interesting how all the politicos jump on the bandwagon to look like they are doing something. Criminal records checks may be useful and should be done but they make little difference to the current crop of family court justices. My ex has one, as those of you who have read the prologue to this blog and my book know. She has beaten the children, psychologically abused them, financially abused our family, physically and psychologically abused me but it makes no difference. I'm a man, therefore a beast, therefore I must "suck" it up. The law sucks, the family court system sucks and it needs changing at the federal and provincial level to bring equal parenting on board as the new norm. There is law but there is no justice. Pardon my vent but it is good therapy after all the years of walking in my well trodden shoes through the emotional nightmare of emotional and physical theft (aka as kidnapping) of my loving children and the loss of their affections, from what was the status-quo, over three years ago. Let some politicians walk in my worn down shoes for one week and then we would see changes. I feel better now that I've vented.

Katelynn case leads to probe of custody process TheStar.com - Ontario - Katelynn case leads to probe of custody process

NDP files complaint against judge who awarded custody to woman now charged in 7-year-old's death

August 18, 2008

Maria Babbage THE CANADIAN PRESS

The province will examine how child custody cases are handled in Ontario courts to ensure the protection of vulnerable children like Katelynn Sampson, a 7-year-old Toronto girl whose caregiver has been charged in her death, Premier Dalton McGuinty said today.

"We want to see how frequent this occurs, what steps might be taken, do all judges approach this in the same way, those kinds of things," McGuinty said after touring an aerospace parts manufacturing facility in Mississauga, Ont.

"Obviously what needs to prevail here is the safety of the child."

The circumstances surrounding Katelynn's death have angered many since the girl's battered body was found by police Aug. 2 in her caregiver's apartment, where Katelynn had been staying with her mother's consent.

One officer said the injuries the girl suffered were the worst thing he had seen in 20 years of policing. Screams of anguish could be heard outside her funeral last week after friends and loved ones saw the grotesque injuries to the child's body.

Opposition parties say Katelynn paid the price for a flawed system which allowed a woman with a criminal record to obtain custody of the child. While some are calling for tougher legislation, others say the province needs to look more closely at provincial judges who preside over child custody cases.

NDP justice critic Peter Kormos filed a complaint Friday against Ontario Justice Debra Paulseth, who awarded custody of Katelynn to Donna Irving.

Irving has been charged with second-degree murder along with her boyfriend, Warren Johnson.

Katelynn had been staying with the couple with her mother's blessing, but court transcripts revealed that few questions were asked about Irving, who had a criminal record for drugs, prostitution and violence.

Kormos said the case raises troubling questions about Paulseth's conduct that must be investigated.

"The only defence that child had was the law, which is designed to defend her, and the court, who has an obligation to uphold that law," he said.

"I suggest to you that the judge in this instance failed that child miserably, but also failed in her duty as a judicial officer."

The rules must also be changed before another child slips through the cracks, said Progressive Conservative leader John Tory.

Criminal record checks should be mandatory and a lawyer representing the child should always be present in court, he said.

"I think somebody should be looking into what happened in this particular case," Tory said.

"But what's more important is changing the rules going forward, so you always have a criminal background check, so that you always have proper representation for the child."

Last week, Attorney General Chris Bentley said work was already underway to review the Children's Law Reform Act and promised to make any changes necessary to ensure that children were protected.

Kormos wrote to Bentley on Aug. 8, asking him to lodge a complaint about Paulseth with the Judicial Council, which probes complaints against provincially appointed judges. Bentley refused, saying he has no authority to do so, Kormos said.

But that didn't stop his predecessor, Michael Bryant, from asking the Canadian Judicial Council in 2004 to investigate the conduct of an Ontario judge who presided over a 1999 murder trial, Kormos countered.

At the time, Bryant acknowledged that attorneys general rarely made such requests, but it was done in the interests of the ``administration of justice."

Paulseth, who practised for 13 years in family courts, was appointed to the bench in 2005, according to government documents.

She had previously served as assistant deputy attorney general for court services, "responsible for all legal, policy and administrative support to the operation of the court system in Ontario," the ministry release states.

2 comments:

Rick said...

This case is one of the saddest things I've read about that I can even remember. As a parent, it is truly frightening that the system is set up this way. Shame on the government and the courts for allowing this to happen - no criminal background checks? that is a joke.

i agree with john tory that the system has to be fixed before we lose more children.

it is such a tragic shame.

Mike Murphy said...

It is without a doubt a tragedy. The poor innocent child. We may never know the whole story of how she became a chattel passed around in the drug sub-culture with the blessing of the family court system but hopefully some answers will be found.