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, May 19, 2009

Family Law (FLAW) hits another new low furthering its tumble into the abyss of disrepute

What a pathetic excuse for not only a judge but a human being. What utterly idiotic justification for saying the criminal behaviour of this mother toward her child is going to be rewarded by the Canadian Justice System. The ineptitude and sheer stupidity of the Judiciary never cease to amaze me. They are the laziest, feminized, status quo purveyors of misery one can imagine. I will be filing a complaint against this misandrist to the Canadian Judicial Council, the Minister of Justice who appointed him and the Provincial counterpart. 

In Belgium, under their system of equal/shared parenting the mother would have been arrested for abduction and automatic custody given to the dad without the child abuse even being considered. That a judge could even remotely conclude this relates to best interests is a total distortion and clearly indicates the term means just about anything a judge wants it to mean. It is clearly not acceptable.

I also note with interest Bala, the teacher of lawyers at Queens, believes the judge had no choice. This is a guy who has taught lawyers for years and is considered some sort of spokesperson on family law. So you can see why we have the idiocy that exists in family law. The teacher thinks he had no choice, he tells this kind of misandrist crap to his students who become lawyers and eventually judges. Is Bala some kind of "VICTIM" feminist indoctrinated self-loathing man - oh sorry he is a University Professor - how silly of me. No doubt he also teaches women's studies so the female students know how to be better victim feminists.  

Why do I rant about "Victim Feminists" and their acolytes? The mytholgy permeates the halls of learning, law makers, lawyers the judiciary, the media, TV shows and every market research company in the business. Market Researchers all know that women make most of the every day buying decisions and so target the ads toward them. The TV shows who need the ads to survive often show men as bumbling idiots - as do the ads supporting the shows - and the women as the wise. level headed real head of the household. 

Now you know, in part, why we are here at this place in history as it marginalizes fathers and very directly men, and its time for men to take action. Don't let this slip by just displaying your disgust here on the Globe & Mail site. Do what I have done. Write lawmakers voice your derision, repugnance and disgust over the treatment of this man but ultimately his child who will be forever diminished by not having her biological father in her life and this idiot of a judge doesn't understand even the basics of a healthy environment for a child.  

The following is the press release appointing this sad excuse for a legal decision maker to the bench. My letter to the lawmakers follows the Globe & Mail Article.MJM

http://www.justice.gc.ca/eng/news-nouv/ja-nj/2008/doc_32281.html  

OTTAWA, July 31, 2008 - The Honourable Rob Nicholson, P.C., Q.C., M.P. for Niagara Falls, Minister of Justice and Attorney General of Canada, today announced the following appointments: The Honourable Leonard Ricchetti, a lawyer with McMillan Binch Mendelsohn LLP, in Toronto, Ontario is appointed a Judge of the Superior Court of Justice in and for the Province of Ontario. Mr. Justice Ricchetti received a Bachelor of Science from the University of Toronto in 1975. Mr. Justice Ricchetti received a Bachelor of Laws from the University of Western Ontario in 1979. He was called to the Bar of Ontario in 1981. Mr. Justice Ricchetti has been a partner with McMillan Binch Mendelsohn since 1986 and associate with that firm from 1983 to 1986. Mr. Justice Ricchetti has developed an expertise in municipal law, environmental law, constitutional law and commercial law. Here is where you can file a letter of your disgust to the Federal Minister of Justice: webadmin@justice.gc.ca; NichoR@parl.gc.ca
 
The Honourable Robert Douglas Nicholson Minister of Justice and Attorney General of Canada 284 Wellington Street Ottawa, Ontario Canada K1A 0H8

Here is where you can file a letter of your disgust to the Ontario Minister of Justice: http://www.attorneygeneral.jus.gov.on.ca/english/feedback.asp 

Here is where you can file a letter of your disgust to the Canadian Judicial Council, Ottawa, Ontario, 'info@cjc-ccm.gc.ca

Blameless father a victim in brainwashing case

Judge lets mother move child away, but condemns her tactics in denying father access

From Tuesday's Globe and Mail

JUSTICE REPORTER

The family law system has failed Ayman Al-Taher, leaving him just one sustaining force as he battles for his severely alienated daughter: his faith.

A Muslim chaplain at Toronto's Hospital for Sick Children, Mr. Al-Taher's last hope of seeing his 10-year-old child Ihsan slipped away last week, after Ontario Superior Court Judge Leonard Ricchetti permitted her mother to move their daughter to Saudi Arabia.

Mr. Justice Ricchetti expressed frustration that Tasnim Elwan beat the system by flagrantly violating court orders, spiriting Ihsan out of the country, and taking every measure possible to keep them apart.
Mr. Al-Taher is blameless, Judge Ricchetti said. Nonetheless, he said Ihsan has been so thoroughly alienated that granting her father any form of access would be harmful to her.

"I cannot state strongly enough the court's condemnation of the mother's lack of consideration for Ihsan's interest that she have a relationship with her biological father, and the actions she has taken towards the father," Judge Ricchetti said.

"Had there been any other way to achieve Ihsan's best interests than by letting Ihsan remain in her mother's custody, I would have done so without hesitation."

Mr. Al-Taher, a soft-spoken man in his late 30s, said in an interview that he is tortured by the knowledge that Ihsan is still living somewhere in Toronto, pending a decision on who will pay court costs.
"It is still very emotional for me," he said. "Trust me, I have my sleepless nights. I do not think that it would surprise you if I say that I have nightmares in my sleep. But I'm trying to be as objective and realistic as possible."

In his ruling, Judge Ricchetti branded Ihsan's mother, Tasnim Elwan, a mischief-maker, a liar and a manipulator who has systemically thumbed her nose at the court and at common decency.
He said Ms. Elwan falsely accused Mr. Al-Taher of being a Jew-hating member of Hamas who trained in al-Qaeda terrorist camps and who is mentally ill.

"It is difficult to conceive of a more vicious attack on an individual on every basis conceivable," Judge Ricchetti said.

Mr. Al-Taher and Ms. Elwan were married in 1998 and separated on Feb. 14, 2005. They reached a settlement granting Ms. Elwan custody of Ihsan and permission to move to Vancouver. In return, she was to provide Mr. Al-Taher generous access, particularly during vacation periods.

Upon arriving in Vancouver, Ms. Elwan cut off all communication with Mr. Al-Taher and then surreptitiously moved to Saudi Arabia, where she married a wealthy man and immersed Ihsan in local culture.

The RCMP helped Mr. Al-Taher locate his former wife, but it was powerless to do more because the country has no reciprocal arrangements with Canada in such cases.

Ms. Elwan thwarted every attempt Mr. Al-Taher made to contact Ihsan.

In a recent affidavit, she stated that Ihsan, "has a far better life than she could have with her mentally-disturbed, misogynist, jihadist father."

Ms. Elwan returned to Canada and surrendered her passport only after Judge Ricchetti found her in contempt of court last October. (The contempt matter remains in abeyance.)

In his ruling, Judge Ricchetti suggested his hands were tied after an investigator from Ontario's Office of the Children's Lawyer reported that Ihsan is close to her mother and resents what she sees as her "abandonment" by her father.

Mr. Al-Taher said that the OCL report played right into Ms. Elwan's hands and vindicated her tactics.
"I think my immediate assessment was that the social worker did an injustice to me and my family, my daughter, primarily," Mr. Al-Taher said.


"I question the abilities of the social worker. I question her sensitivity to cultural issues."
Judge Ricchetti ordered that Mr. Al-Taher be allowed to telephone Ihsan regularly. He also ordered that she be given parental alienation counselling in Saudi Arabia.

If Ms. Elwan continues to sabotage her former husband's relationship with their daughter, Judge Ricchetti added, Ihsan is likely to call her to account one day.

Mr. Al-Taher agreed. "That is what I am hoping," he said. "One day, Ihsan will realize: How come she could not connect with her father?"
***
A PAINFUL REALITY
The Elwan v. Al-Taher case illustrates a painful reality of family law: parental alienation can be a successful tactic.

"While the mother has emotionally traumatized her daughter and thwarted the legal system, the girl is so alienated that this decision was the only realistic option given the resources of the father," said Prof. Nicholas Bala, a family law expert at Queen's University.

"This is obviously a deeply frustrating and tragic case, but it illustrates that ultimately the family courts must make decisions based on the overall best interests of children - not punishing parents."

Prof. Bala said the case also shows that it is urgent for the justice system to respond rapidly when an alienation case surfaces.

"With hindsight we can see that once the mother was able to move with the child and effectively prevent her from seeing her father and him from seeking legal redress, she was able to change her child's perception of reality and destroy the child's relationship with her father," he said.

Prof. Bala said rigorous therapy is sometimes necessary to break a parent's hold over a child.

"There are programs in the United States - such as that of Dr. Richard Warshak - that have had some success in restoring a child's relationship with even a severely alienated parent," he said. "But this would require giving the father custody and suspending contact with the mother. This was not an option in this case due to expense and the father's limited means."

Kirk Makin
***
QUOTE, UNQUOTE

Excerpts from Judge Leonard Ricchetti's ruling:

"The Mother clearly has done everything she can against the Father to prevent the relationship between the Father and Ihsan, without regard to the fact it would be in the best interests of Ihsan to have a relationship with her biological father."

"Unfortunately, as much as the Mother's behaviour has been reprehensible in this case and should not be permitted to have created a situation favourable to her case at the cost of Ihsan's relationship with her Father, the fact is that this Court has no choice but to look to the future and determine what is in Ihsan's best interests."

"Despite my suspicions that the Mother will not permit, encourage or facilitate access to the Father, it is in Ihsan's best interests that the (court) order be varied to permit the Mother to take Ihsan to Saudi Arabia."

Kirk Makin
> Mike Murphy [mailto:mike.murphy@i Sent: May 19, 2009 5:31 PM To: 'webadmin@justice.gc.ca'; 'NichoR@parl.gc.ca'; 'info@cjc-ccm.gc.ca' Cc: 'Maurice - Assistant 1 '; Tony Martin ; 'David Orazietti'; 'cbentley.mpp@liberal.ola.org'; 'Kris Titus' Subject: Shared and Equal Parenting Legislation/ Justice Leonard Ricchetti's ruling in Tasnim Elwan v. Ayman Al-Taher

The Honourable Robert Douglas Nicholson Minister of Justice and Attorney General of Canada 284 Wellington Street Ottawa, Ontario Canada K1A 0H8
My Dear Mr. Minister:

A report appeared in today’s Globe and Mail at the following link:

on a case handled by Justice Leonard Ricchetti, Tasnim Elwan v. Ayman Al-Taher, COURT FILE NO.: FS-05-10331, DATE: 20090501 in which, in my view, an egregious miscarriage of justice occurred by one of your appointees.




The following are brief excerpts from his 34 page decision.

"The Mother clearly has done everything she can against the Father to prevent the relationship between the Father and Ihsan, without regard to the fact it would be in the best interests of Ihsan to have a relationship with her biological father."

"Unfortunately, as much as the Mother's behaviour has been reprehensible in this case and should not be permitted to have created a situation favourable to her case at the cost of Ihsan's relationship with her Father, the fact is that this Court has no choice but to look to the future and determine what is in Ihsan's best interests."

"Despite my suspicions that the Mother will not permit, encourage or facilitate access to the Father, it is in Ihsan's best interests that the (court) order be varied to permit the Mother to take Ihsan to Saudi Arabia."

Studies clearly show a bias in the courts against fathers due to systemic failures, particularly in Family Law (FLAW). This decision causes the court system to fall further into disrepute and you can get a flavour of this from the comments on site which run 99% in favour of disbelief a judge could give an abuser and child abductor this kind of reward. 

The judiciary use the so called “best interest of the child” but in most cases it is seen as in the best interest of someone not including the dad. This one is so blatantly shocking tied to the mantra “best interests” as to cause a more serious credulity gap between the public and the judiciary, as if one didn’t already exist.

What this judge just endorsed in concert with a provincially appointed clinical investigator, who can’t be competent either, was to say any parent who wishes sole custody of the child or children of a marriage is too so blatantly emotional abuse them through parental alienation that it would be harmful for the child to be anywhere but in the care and custody of the abuser. I’m still shaking my head. Is this judge competent to sit on the bench?

You, of course, can do nothing about this decision but you can change the law as Belgium has done so that the structures put in place do not offer incentives for one parent to abuse children to gain an advantage over the other. You must move forward with Maurice Vellacott’s private member’s bill, as a government initiative, to change the law to one which presumes both parents have equal shared parental rights upon dissolution of the partnership. Mr. Vellacott’s public opinion poll shows an almost 80% approval rate right across party lines. 

This should be a non-partisan attempt to put fairness back into family law. In Belgium, in order to stop the abduction and withholding of a child by a parent they also introduced serious consequences for such behaviour. A parent who withholds a child from the other parent goes to jail. You will not see many cases like this one and the many thousands of others in this country when the message gets out either parent faces jail.

I would recommend dispatching one of your senior officials, a political staffer, a couple of opposition MP’s and Mr. Vellacott to Belgium for a first hand look. I would also suggest Australia would be another model to study as they implemented a form of share/equal parenting in the same year as Belgium in 2006. Parental Alienation is very common in our court system and is child abuse. Enacting legislative changes will work toward reducing the incentives some parents have to use the “winner take all” adversarial system in place. 

Along with equal shared parenting will be the presumption that neither party pays child support further reducing incentives. You may well know that 75% of divorces are initiated by the female in this country. Very few are related to abuse. The system is set up to incentivize divorce rather than serious attempts through counselling to reduce it. In places where shared and equal parenting has been implemented the divorce rate has dropped. It is no small matter that in this recession it has also been reduced, Those who do not think economics matters when it comes to divorce are simply math challenged. Just think you will not likely need to appoint more judges if court time is freed up.
Please review this matter with the urgency it deserves.


Michael Murphy cc Minister of Justice Canada, Ministry of Attorney General, Ontario, Maurice Vellacott, MP, Tony Martin, MP, David Orazietti, MPP, Canadian Judicial Council, Canadian Equal Parenting Council