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Stillbreathing 03-21-2017 11:58 PM

Criminal vs family court trial time lines
 
Does anyone else think it's unfair that criminals are supposed to have their trials conducted within 30 months or it violates their human right to a fair and timely trial yet family court litigants have no such rights? What are we? Second class citizens, viewed with utter disdain by the court system? My STBX and I are now in our 6th year of litigation! ...and the best part is...wait for it...we're on the fast track! What's the slow track? 40 years?

Anyone else think the timelines to trial in family court violates our right to justice?

arabian 03-22-2017 12:02 AM

family court issues evolve and change over time. I think that is the difference.

Stillbreathing 03-22-2017 08:26 AM

Family court matters evolve on an extremely negative continuum when issues are left unresolved for this many years. That's how things spiral out of control and often with tragic consequences. That's also why the death review committee ( who looked at actual cases of domestic homicide), recommended that high conflict cases be fast tracked through the court system. They didn't mean six, seven, eight years!

Janus 03-22-2017 01:16 PM

In criminal cases, if the trial is not completed within the given time frame, the case is dismissed.

That kind of remedy would be tricky to pull off in family law.

Tayken 03-22-2017 01:28 PM

Quote:

Originally Posted by Janus (Post 218843)
In criminal cases, if the trial is not completed within the given time frame, the case is dismissed.

That kind of remedy would be tricky to pull off in family law.

Not just family law but, civil law in general. But, they do have a system (in some jurisdictions) to move custody and access issues faster through the system.

Tayken 03-22-2017 01:29 PM

Quote:

Originally Posted by Stillbreathing (Post 218833)
Does anyone else think it's unfair that criminals are supposed to have their trials conducted within 30 months or it violates their human right to a fair and timely trial yet family court litigants have no such rights? What are we? Second class citizens, viewed with utter disdain by the court system? My STBX and I are now in our 6th year of litigation! ...and the best part is...wait for it...we're on the fast track! What's the slow track? 40 years?

Anyone else think the timelines to trial in family court violates our right to justice?

The issues are not seen as important to the court. Conference justices would move to trial list if there was a genuine issue for trial. If you are fighting over nickels and dimes they are hoping you will both come to your senses and settle.

Stillbreathing 03-22-2017 02:25 PM

Actually the bizarre thing is several judges and my lawyer said we were high priority because there are children involved and not a single issue on anything has been resolved. The last judge has wanted us on the trial list 3 trial sittings ago. One of earliest motion judges had wanted us on the trial list 4 years ago! The other side keeps pulling stunt after stunt to delay trial. The judges get mad and huffy but allow the delays. We are on the spring trial list but I have just received word the other side wants to delay...again! I want it over and done with and move on with my life.

trinton 03-22-2017 08:50 PM

I think CAS proceedings should be dealt with the same way as criminal matters. Unless a trial is heard by a certain time, you get your children back. ANd unless they can prove their allegations beyond reasonable doubt, you get your kids back, as well as other options such as diversion, etc but for family matters (such as parenting courses or counselling).


Sometimes family cases need years to get to the bottom of things and establish patterns of alienation ,etc. Othertimes, the prolonged proceedings berry you in financial hells and build a status quo for one parent.


I hope you are aware that there is currently a family law crisis in Canada. The system is brutal and nobody is doing anything about it. It is a multi billion dollar industry. It's a big money scandal. The longer it takes, and the more children and families suffer, the more money lawyers, mediators, therapists, doctors, etc. make. Lawyers love dragging things out to maximize their profit.

When I wanted to be a lawyer when I was younger, I only wanted to be a lawyer to become rich. Money was my primary motivation in wanting to become a lawyer.

I know I went on a bit of a tangent there but our family courts are essentially crap. A family law case should be dealt with within 6 months. Not within a decade.

This is what going to the family courts is like: https://www.youtube.com/watch?v=zwNpdAtaSV0

Stillbreathing 03-22-2017 09:44 PM

Hahaha...that video is sooo family court! Should be shown to every litigant thinking about going through the courts!

What you said about CAS is so true... and they do actually have time lines ( which are rarely adhered to). For example , a child apprehended at birth is supposed to have had their trial by 18 months so if they are going to be made a crown ward they have the best chance for adoption. Statistically speaking 85% of adoptions are children under the age of 3. After that they have only a slim chance of being adopted.

Also CAS children at age 7 get to decide whether or not they are going to agree to be adopted by a particular family if the opportunity arises. Yet children in non- CAS family court litigation are forced to see a parent who has been criminally convicted of abusing/ assaulting them because it's in their best interest.
Go figure.

Tayken 03-22-2017 11:54 PM

Quote:

Originally Posted by trinton (Post 218869)
I think CAS proceedings should be dealt with the same way as criminal matters. Unless a trial is heard by a certain time, you get your children back.

This is how they work. When the CAS removes a child from parents they have a very short window where they have to bring the matter to court.

Quote:

If they take a child away, the first day in court must be within 5 days from the day they took the child.
Will I need to go to court? | CLEO (Community Legal Education Ontario / Éducation juridique communautaire Ontario)

For more detail see:

https://www.ontario.ca/laws/statute/90c11#BK59


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