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  #21 (permalink)  
Old 03-29-2006, 06:53 AM
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brokendad is on a distinguished road
Default my two cents for your book

Originally Posted by Decent Dad
I have been in court for 3 years. I have joint access and joint custody. Still fighting for another year over money. My ex is the typical ex with the axe to grind. And the system is helping her all along the way.

When I am done, I am working on a book to help fathers. I am also working towards getting the Divorce Laws reformed. It is just pure bullsh*t.

The system is wrong.

I will try to help any father I can. Sorry mom, you have enough help already. BTW, I am not against mom's - just the system and people (mom's) who use it to be vindictive.
Just thought I would add my two cents for your book. In those cases of divorce where children are involved there should be an automatic court appointed registered social worker who specialises in childrens issues and a mediator to facillitate an agreement based on the best interest of the children.For instance , although mom may not want dad to have anything but limited contact with the children if there is not a sound reason for it the RSW and and mediator could prevail to act in what best serves the children (obviously seeing their father).In short they would have veto power over two squabbling adults who most likely have less sense then their children anyway. In otherwords cut to the chase, cut out the high price lawyers, and deliver an agreement that is fair by the norms of current society and let everyone get on with there lives. The money saved could be better spent on the childrens education.A few lawyers may have to wait till next year for a new beemer . And just possibly the children will not have to witness their parents behaving like village idiots---even if it is only one of the parents.
  #22 (permalink)  
Old 03-29-2006, 03:55 PM
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Posts: 16
ont2005 is on a distinguished road

I am a women and let me tell you I am sad to hear how people
use the system. I think people should be decent to each other.
I actually makes me sick to my stomach to read about these men
who are racked over the coils over and over and yet some women
don't get anything. I can only support you and tell you that not all
women are like this ... and I think in due time things will work out
for you and the kids. Maybe difficult right now, but stand strong.
To me being a good parent is the best thing ever, this will prove
to you in later years. When children grow up they look back and
see things for what they were.... and beleive me they will
If that is all you have for now maybe you can live on that ...
good luck and stay strong
  #23 (permalink)  
Old 03-29-2006, 04:53 PM
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Posts: 28
w/ohope is on a distinguished road

As far as i'm concerned, in my opinion, the "system" is unfair to children. As horrible as it sounds i think that there should be hidden cameras in the houses of both parties involved in a custody battle to see the interactions with a child and it's parent. To see which party is the most suitable or why a child does or does not want to be somewhere. Without the parents knowing so that they can't "play it up" for the camera.

I don't care about either parent, who cares? It's the children that matter the parents can adjust, they're old enough to figure it out and be mature. It's the children that need to be litened to, interview the children with child psycologists, no matter what the age of the child. See where it fits and what it thinks of everything going on. They are smarter than people give them credit for. That's what i think.

The system is terribly flawed in this respect. What's best for every case on a case by case basis, not generalities. Every family is different and every situation is different. Do what's HONESTLY best for the children not what benifits you best. The children. Truley.
  #24 (permalink)  
Old 03-29-2006, 07:35 PM
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One thing is certain is that children do grow up and they do remember a good portion of their child hood. They will remember when one parent denied an opportunity for them to spend quality time with the other parent.

What goes around does come around.
  #25 (permalink)  
Old 03-30-2006, 12:07 AM
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Julie is on a distinguished road

Originally Posted by logicalvelocity
One thing is certain is that children do grow up and they do remember a good portion of their child hood. They will remember when one parent denied an opportunity for them to spend quality time with the other parent.

What goes around does come around.
So true.
You think they might forget... wrong
I can still remember things from when I was aged 5 and up.
  #26 (permalink)  
Old 03-31-2006, 10:53 AM
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Posts: 28
w/ohope is on a distinguished road

Originally Posted by logicalvelocity
One thing is certain is that children do grow up and they do remember a good portion of their child hood. They will remember when one parent denied an opportunity for them to spend quality time with the other parent.

What goes around does come around.

It does indeed. And children will remember the trauma and the lonliness of being abandoned, or being with someone who doesn't love them. I remember my childhood. I know what they feel, i remember. Parents need to step up and HONESTLY do what's right for their children. Not for themselves.
  #27 (permalink)  
Old 04-19-2006, 03:13 PM
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Posts: 479
Decent Dad is an unknown quantity at this point

Folks, sorry for not following this thread more closely. I have been posting in so many other threads and answering e-mails.

I know there are decent people out there. And that there are great women out there - I am currently married to one!

But the laws are wrong, and these biased courts are just unreal.
  #28 (permalink)  
Old 04-19-2006, 03:45 PM
Join Date: Apr 2006
Posts: 44
2hopefull is on a distinguished road

well these comments are scary, sounds like all my ex's friends (who all have ex's some more than one) and complain, however have hockey tickets, girlfriends, free time, cars and how to get out of paying - it's not cheap to feed and clothe children (they grow), plus they want what their friends have. This is disturbing in a lot of ways, because I left to save myself and give my daughter some type of healthy life.

Just remember if you have a daughter, she will most likely be one of the women "complaining" on this site.
  #29 (permalink)  
Old 04-25-2006, 07:41 AM
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Default A Perfect Family Law System

Interesting thread.

As someone who works in the family law system, there is truth to the assertions that fathers make about bias running rampant through the system, at the same time there is also truth to the assertions that mothers make about being victimized by divorce laws.

The Divorce Act is probably in need of a makeover, but is shared parenting going to become the law of the land? Will child support legislation change to something other than the guidelines? Will pensions no longer be divisable? No, no and no.

The existing system we have sets court (an inherently adversarial process) as the final arbiter for disputes between parents. It will always be adversarial because that's the nature of law - amid adversity, the truth is bound to emerge.

What separates family law from criminal law, for example, is that while there is a burden of proof in both systems, the family law system allows for either side to make wild allegations about each other without requiring evidence to back it up. Now let me back up for a second.

Are men and women imperfect? Yes.
Did men and women create our existing laws? Yes.
Do men and women preside over family law matters in their capacity as a judge? Yes.
Are men and women imperfect? Yes.
Are you going to get perfect justice every time? No
Because men and women are imperfect.

Law is a rule book. An imperfect rule book, but a rule book nonetheless. Family law, unlike other forms of law, is often a barometer of our current place in time as a society. 40 years ago, it took an act of Parilament to grant a divorce.. now it doesn't. My mother who divorced in 1962 lost everything she had, inheritences, her home - everything - because she intiated a divorce in a period of our history where divorce simply wasn't done.

Flash forward to 1986 - a new law governs divorce. It introduces the concept of "no fault" to the process - it makes divorce easier to obtain. The trade off is that while it is easier to obtain (on paper) increased rights and responsibilites for both men and women mean that there is much more to divide - from the kids the the dining room set. What happened as a result was an initial spike in the divorce rate after the law changed in 1986, and a levelling off of divorce rates over the last ten or so years - hovering around 40% nationally.

Flash forward to 2006 - now we have twenty years of the current law. We have a generation of children from the 1986 law obtaining divorces of their own. We have increased numbers of second marriages failing because of ongoing litigation from the first marriage. In my area of work, it is very common to have men and women on their second failed marriage entering the divorce process.

No, the system isn't perfect and it never will be perfect. Emphasis needs to be placed on doing to high conflict divorce what we, as a culture, did to cigarette smoking or drunk driving - make it socially unacceptable behavior to engage in high conflict divorce. Will that happen? Probably not. Why? Because divorce is a downer that married people don't want to talk about. It's a political hot potato (everyone who has a history in the system knows about the general dysfunction of the Joint Senate Parliamentary Committee on Custody and Access hearings back in 1998.)

A perfect law will never exist. Mandatory shared parenting might be seen as a means to eliminate all of the fighting, but the reality is that in order to eliminate the conflict, you have to change people's behaviors. A shared parenting law will not change behaviors because there will always be parents out there who believe they are right and their former spouse is wrong.

So what is the alternative?

A vigorous national debate about divorce and it's impact on children. Period - end of story. Open dialogue about how the lack of programs and services for families in the process acts to increase conflict. A national discussion about the cost of accessing justice and whether there is an alternative method of dealing with dispute that can be implemented - say, for example, mandatory mediation/arbitration.

It's not a perfect world - I wish that it was. For every father's rights guy who says the system is biased, I want to introduce them to some of my female clients who have been out of the work force for 15 years and are now unemployable and who are economically dependent on their former husbands. For every mother who thinks it is her divine right to be in charge of the kids, I want to introduce them to the fathers who are taking every conceivable parent education, anger management and divorce education program known to man and who still face a wall when they try to get more time with the kids.

I think education is key in changing attitudes. Not just for those who make the decisions about family law, but for the public in general. We don't talk about divorce as a culture because as a culture, we are in love with the idea of marriage. Proof of this can be seen in last year's national debate about same sex marriage.

Opponents of same sex marriage were vociferously pointing out that SSM would destroy traditional marriage. Hypocrisy! How can SSM destroy traditional marriage when nearly half of the straight people out there are doing a pretty damned good job of it all on their own? What made me really mad was that you would think that such an obvious thing as this would have been picked up by the news media - but no. Why? Because it would have driven news coverage from same sex marriage to straight people marriage and maybe we aren't quite ready to talk about the fact that so many people in Canada see divorce as a massive, unsolvable challenge.

Divorce is hard work. I have worked in the system long enough to know that changing laws does not change attitudes - time does. Social acceptance of an alternative method of looking at divorce and it's impact can occur when there are feasible alternatives being made available. The last place anyone should be is in a court room - so why not talk about alternatives to court?

The system can change, but people have to change themselves to make whatever system we have - work.
  #30 (permalink)  
Old 04-25-2006, 03:34 PM
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Agreed Sean. This is why some people can make things work amongst themselves after a divorce/seperation while others cannot ... its a choice, and it begins with the individual.

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