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.

Friday, May 1, 2009

Family's peace pact survives final hearing

Note the meddling by the government agents from the Office of the Children's Lawyer. Where were they many years ago when this all started? What kind of incompetents do they have in that agency? Why are they not in private practice where the real money is?MJM



An Ontario Court judge ended a poisonous case of parental alienation yesterday by ordering that two Brampton boys be removed from a foster home and reunited with their mother and eldest brother.

"This matter is deserving of a decision today - these boys are going home to their mother," Judge Steven Clark declared.

He said that a compromise brokered by the eldest brother, a 19-year-old known as P.F., was likely to be the only chance to end 10 years of bitter warfare that had prompted a judge last fall to order that the two boys be sent to a deprogramming centre.

Under the agreement, the 12- and 14-year-olds will go to the mother's home and cannot be forced to take treatment for parental alienation. The entire family will take voluntary counselling, and the boys will be permitted to see their father on terms approved by their mother.

Judge Clark's ruling ended a day of intense conflict between Ontario's Office of the Children's Lawyer, which had adamantly opposed the deal, and lawyers for the family.

In a stinging submission, OCL lawyer Sheila MacKinnon had condemned P.F. for refusing to consider changes to the deal. "Is this a sign of someone who is mature and responsible and wants to have his brothers reunited ... or is it sour grapes?" she asked.

P.F.'s lawyer, Jeffery Wilson, insisted that while the arrangement was not perfect, "it is something indigenous to this family. They did it."

Marvin Kurz, a lawyer for the mother, warned that any tinkering could destroy the deal: "This was the most delicate of operations. This is like reversing an ocean liner in a very narrow strait."

Judge Clark rejected the OCL's proposal to tighten up the agreement and force treatment on the younger boys.

"This is an extremely, extremely difficult case," he said. "What we are dealing with here is the human condition, and what we need is action, not words. What weighs heavily on the court and on everyone who has made submissions here is that there could be irreparable harm, no matter what decision is made."

The case reached a crisis point in December, when the younger brothers refused to go to the U.S. therapy centre and were committed to a hospital psychiatric ward. The Catholic Children's Aid Society later seized the boys and placed them in a foster home.

The deal to break the logjam was reached at an emotional meeting between the parents, P.F. and their lawyers last Saturday, but nearly unravelled over the OCL's opposition to it.

Judge Clark praised P.F. yesterday for his overall diplomacy, but warned him not to rigidly oppose the OCL. Ironically, the young man had left the courtroom minutes earlier to avoid being late for a new job. His mother, from whom P.F. had been severely alienated until several days ago, had also left to drive him to work.

The only family member in the courtroom, the father, said in an interview: "This was the only possibility at this stage. I don't think it was optimal. It was the best that we can get. The most important thing was that the children start to see somebody from the family. The children should not be in that house-prison."

The emotional, day-long proceeding began with a strong pitch from a senior OCL administrator, Dan Goldberg, to have all the lawyers and family members connected to the case ordered by Judge Clark to cease speaking to the media.

However, Judge Clark refused the request, commended press coverage of the case and said that it had raised important issues for the public to consider.

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