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, March 10, 2009

B.C. court bars mother from seeing daughter for more than a year

Another severe case that has caused a family great anguish. I know how the dad feels. I have been to court so many times over the past 4 years I've lost count.MJM

By The Canadian Press

9th march 2009

http://ca.news.yahoo.com/s/capress/mother_banned

VANCOUVER, B.C. - In a case of extreme parental alienation, a mother has been banned by a B.C. Supreme Court judge from seeing her teenage daughter for more than a year.

Because of the urgency of the matter, Justice Donna Martinson issued the terse, two-page ruling outlining 15 conditions the parents must follow, including that the mother, known only as Ms. A, not see her daughter until at least March 31, 2010.

The decision came after the mother alleged extreme emotional abuse by the father, which she claimed was putting the teen's safety at risk.

"I am satisfied that Ms. A's allegations are unfounded," Martinson wrote. "I am further satisfied that she has continued to undermine the relationship between M and her father and has acted in ways that are detrimental to M's psychological healing."

Names have been stripped from the court ruling to protect the girl's identity.

The judge has ordered that both the mother and maternal grandmother have no contact with the girl, which would be enforced by police if necessary.

The court has also ordered the mother to pay $320 per month for the girl's counselling, on top of the child support she is already paying.

Jessica Ko, the lawyer for the girl's father, said it's been a gruelling road for the dad who has been in court 17 different times to gain access to his daughter or defend himself against the mother's allegations.

"It went to the point where our client was essentially bankrupt from defending himself and pursuing this legal matter," said Ko.

She said the father is in a highly respected profession and should be able to recover financially.

Ko said the ruling banning the mother from any contact with the child was extremely unusual, because often the court attempts to find a balance in access between the parents.

"This is a case where there was found to be an extreme example of parental alienation by the mother towards the father."

Parental Alienation takes another Twisted Turn ~ Teen pleads for custody of brothers

Watch to see where this case goes. It clearly looks like we have an incredibly dysfunctional family with the father allegedly alienating the 3 sons from the mother. He does not work and receives welfare. He doesn't sound like a fully functioning member of society but these are only snippets we are getting. Court orders appear to be unenforced by family court judges with respect to therapy for the children. What else is new as they are timid and lazy people until forced to do the right thing. How in God's name can they let these kinds of things fester. Allegations of physical abuse, a staple of alienators, are also afoot. The oldest son lives with his father. Is this a case of a father severely brainwashing his children against the mother? We can't know the truth yet but if so this is a new and bizarre twist to child abuse. Now a child - who may be severely brainwashed - seems to think alienation is voodoo science. The feminists in their misery and masochism for emotional child abuse will love this one. If the father is doing this perhaps he could be turned over to a few parents who have been alienated from their children and see if we can give him appropriate "therapy." I've not heard a great deal about Randy Rand the PA expert mentioned in this article other than snippets on the PAA web site. Here is another case dragging on for 10 years. What is wrong with the FLAW judges."MJM
Decade-long battle sparks request to court
Mar 10, 2009 04:30 AM
LIVING REPORTER

An 18-year-old from Mississauga yesterday made the unprecedented request to be granted custody of his two younger brothers in hopes of bringing an end to a decade of family "warfare."

"My concerns are not as to (which parent) is 'right' or 'wrong'... but how to bring back some sanity to our family," says the teen's eight-page affidavit to the court. "My brothers and I are close. I think we have become closer with all the conflict. I am determined to make sure they are not harmed."

The teen claims his parents' ongoing conflict has turned his siblings into "subjects of some social engineering experiment."

There are many issues involved, but at its core the case is about parental alienation, or warring parents using their children as weapons against each other.

The soft-spoken teenager, who will soon turn 19, says his 12- and 14-year-old brothers are "at risk of serious harm," and he's prepared to put his education on hold, move out of his father's subsidized apartment and apply for welfare – or sue his parents for support – so he can raise his brothers and "end the conflict."

The two boys have been in foster care since last December, after they declined to participate in what the older brother considers "voodoo science" – a controversial family workshop by U.S. parental alienation expert Randy Rand – and then refused to return to live with their mother, the custodial parent.

The mother, concerned about her sons' mental stability and the ongoing alienation, had the younger ones admitted for an assessment by a child and adolescent psychiatrist at St. Joseph's Health Centre.

After five weeks, the doctor became concerned the children felt "so trapped in the legal system," and that it might create a dangerous sense of despair, so he recommended that they be taken into Children's Aid Society care.

The court filings paint a picture of a severely dysfunctional family and, according to the teen's lawyer, Jeffrey Wilson, one of the most "extreme" cases of parental alienation to come before a family court judge in Ontario.

None of the family members can be named, along with identifying details of the case, by court order.

The mother, who separated from the father in 1999, has accused him of an orchestrated campaign to turn the boys against her.

She fears the teen is an "agent" of the husband and really trying to help him win custody through a back door.

The father and eldest son have accused her of physically abusing the boys.

The teen asked Justice Steven Clark to make him ,Justice Steven Clark a party to the ongoing court case yesterday in a Brampton courtroom. He also asked Clark to forbid parental alienation experts from having anything more to do with his brothers.

"My brothers have ended up being committed in a hospital against their wishes, committed to live somewhere they do not want to live, exposed to psychiatrists who have attempted to carry out experimental therapy with them at the risk of severe harm to them, and if their lawyer will not do anything to stop this, I believe I have the right as their brother to be as concerned about them as each of my parents," he says in his affidavit.

The teen said he's done "a lot of homework now on `parental alienation' and those who believe it to be a `science.'" and recognizes that he has to fight for his brothers on his own because his father has been "tainted" by the court proceedings.

"I am almost 19 years of age. Neither my mother nor my father ought to be able to prevent me from taking all the necessary measures to protect my brothers and present my own plan (for raising them.)"

His mother's affidavit stresses that the teen, who holds down a part-time job and completed Grade 12 despite the stress of the case, has neither the income nor the ability to care for his siblings.

"The best thing (he) could do now is get on with his life, and get treatment for his alienation from me, as per court orders," the mother's affidavit says. "This would be in his best interest, and provide the best example for his brothers."

His father is unemployed and lives in assisted housing, so is unable to provide any real financial support to him, the mother says.

A ruling on the teen's request for standing is expected April 20.

CUSTODY BATTLE: DEPROGRAMMING PARENTAL ALIENATION

Teen enters brainwashing battle to seek brothers' release from parents

BRAMPTON, ONT. -- JUSTICE REPORTER

An 18-year-old asked a court yesterday to let him rescue his brothers from the clutches of psychiatric deprogramming therapists and "incompetent" parents battling for control of their children.

The young man injected himself into the parental alienation case after his brothers - aged 12 and 14 - were bounced from a hospital psychiatric ward into a foster home in December because they refused to participate in a court-ordered therapy program.

The therapy, ordered in November by Ontario Superior Court Judge Francine Van Melle, was aimed at exorcising poisonous thoughts toward the mother that their controlling father had planted in the boys' minds.

Judge Van Melle granted the mother sole custody and authorized her to force her sons into a deprogramming clinic.

The court heard yesterday that, after the boys refused to go along with the deprogrammers, the mother had them returned to Toronto and committed to a psychiatric ward at St. Joseph's Health Centre.

A child psychiatrist at the hospital, Nagi Ghabbour, quickly became convinced that the prospect of forced therapy had turned the boys potentially suicidal. Dr. Ghabbour said in a letter that the boys felt "trapped in the legal system," and were filled with a sense of helplessness.

Dr. Ghabbour urged an immediate end to any further psychiatric assessments or forced therapy, and called on the Catholic Children's Aid Society to seize the children to forestall any further attempts by the mother to deprogram them.

Yesterday's hearing was to decide whether the eldest brother can intervene in CCAS proceedings to place his brothers in long-term foster care.

"I am not enmeshed in this dispute," the youth said in an affidavit. "Unfortunately, and tragically in a way, for my brothers and me, whatever I do is seen as a cancerous outgrowth of my dad, and so no progress can be made."

The youth's lawyer, Jeffery Wilson, said that a point has been reached where the well-being of all three children is threatened. He also told Ontario Court Judge Steven Clark that his client's plan to raise his brothers on welfare - augmented by support payments from their parents - is feasible, "especially against the backdrop of two parents who have been largely incompetent in providing stability to the children."

Mr. Wilson said that the youth views parental alienation deprogramming as "voodoo science," and that he is prepared to launch a lawsuit to stop further treatment if necessary.

However, Marvin Kurz, a lawyer for the mother, maintained that the woman's ex-husband is using her eldest son as a puppet in an attempt to get his two youngest sons back, or else, "put them in perpetual limbo.''

"What he has done is take up his father's sword and shield to enter the battlefield on behalf of his brothers," Mr. Kurz said. "If he is granted leave [to intervene], they will turn this case inside out."

Mr. Kurz also denigrated any idea that the boys were mistreated at the deprogramming clinic. "They weren't drugged," he said. "They weren't tied down. There is no point having them there, with their eyes closed and their fingers in their ears."

The mother argued in an affidavit that if her eldest son is permitted legal standing in the case, "it will send a message to his brothers that they, too, can attempt to manipulate the court system to avoid orders such as that of Justice Van Melle."

She said that her eldest son has been so brainwashed by her ex-husband that he refuses even to greet her when he sees her in court. "It is a great shame that my son, so intelligent and bright, is unable to live his life like a normal teenager," she said. "He should not spend all of his energy fighting his father's battles."

In an interview, however, the 18-year-old blamed his mother for the relentless domestic tug-of-war.

"My brothers were taken forcefully and exposed to this [deprogramming] concept - which is a pretty strong method," he said. "Most of the time, I have to convince myself that all of this is real. I think about it as being someone else's life - because it doesn't seem like it could be happening to me."

The startling chain of events highlighted a growing controversy over parental alienation and the therapies used to reverse it. A handful of U.S. therapists have touted their deprogramming clinics in Canada, resulting in at least three judicial treatment orders.

The parents of the three boys, who were raised in Eastern Europe, split up nine years ago amid a flurry of accusations that each had abused the children.

Ruling against a motion to shut the courtroom to reporters yesterday, Judge Clark remarked that, "without wanting to be flippant, there is little further risk to the children."

He reserved his ruling on the eldest son's motion.

D. Smith, with the Smith Family Law Group, said the young brothers' wishes might not be considered by the judge.

D. Smith, with the Smith Family Law Group, said the young brothers' wishes might not be considered by the judge.

Teen's fight for custody an 'uphill challenge'

Updated: Wed Mar. 11 2009 2:39:44 PM ctvtoronto.ca

A family lawyer says it will be an uphill challenge for a young Mississauga man hoping to win custody of his young brothers - victims of what he described as parental warfare.

The 18-year-old teen, who can't be publicly identified, said he is willing to put his life on hold to raise his brothers, aged 12 and 14.

Ontario Court Judge Steven Clark reserved his ruling on the teen's motion.

An Ontario court heard on Tuesday that since the children's parents separated, the young brothers have been moved from their father's house to their mother's house and then into a hospital psychiatric ward and foster care when they refused to participate in deprogramming therapy.

The goal of the therapy was to rid the boys of negative feelings they had towards their mother, allegedly planted in their minds by a controlling father. In November, Ontario Superior Court Judge Francine Van Melle ordered the boys to undergo the deprogramming treatment.

However, the boys refused the treatment and their mother in turn handed them over to the psychiatric ward at St. Joseph's Health Centre in Toronto.

A child psychiatrist at the hospital concluded that the prospect of therapy had rendered the boys suicidal. He immediately called for an end to their psychiatric assessment and called the Children's Aid Society to intervene.

Speaking to CTV's Canada AM on Wednesday, D. Smith from the Smith Family Law Group said the court will need substantial proof that the boys would be better off with their brother than with one of their parents.

"The court has to be persuaded that neither parent can meet the needs of the children and that's going to be the challenge in this particular case," she said. "Parental alienation is very complex and it's a very difficult set of circumstances for any judge to figure out a good solution for."

The case is setting a precedent in family court, she said.

She said the judge will have to decide how much input the young boys should have on the ultimate decision of who will be their legal guardian.

"In a more typical circumstance where there are not these types of issues at play, children are going to play a role in what's going to be decided," Smith said. "But one of the parents is saying that the children's views are really not their own but are the product of being manipulated by one of the two parents."

The boys' older brother filed an affidavit that said he is "not enmeshed in this dispute. Unfortunately, and tragically in a way, for my brothers and me, whatever I do is seen as a cancerous outgrowth of my dad, and so no progress can be made."

The teen said he would raise his brothers using welfare payments and financial support from their parents.

His mother's lawyer argued that the teen has also been brainwashed against his mom.

In an affidavit his mother said, "It is a great shame that my son, so intelligent and bright, is unable to live his life like a normal teenager. He should not spend all of his energy fighting his father's battles."

She said that awarding him custody would send a message that the court system can be manipulated to avoid a judge's orders.