Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Political Issues

Political Issues This forum is for discussing the political aspects of divorce: reform to divorce laws, men's rights, women's rights, injustices in the divorce system, etc.

Reply
 
LinkBack Thread Tools
  #1 (permalink)  
Old 10-23-2015, 01:33 PM
plainNamedDad44's Avatar
Senior Member
 
Join Date: Jul 2013
Posts: 794
plainNamedDad44 is on a distinguished road
Default Petition for Family Law Reform

Hi Community....

I am thinking about starting a petition for Family Law Reform. I would like to see our MPP's/MP's bring forward a private members bill that proposes legislation that :

1. Index's and/or cap's what a lawyer can charge a client to handle a divorce matter.

2. That parties be required to mediate prior to having to resort to litigation.

Having been through it, Its clear to me that we are all being taken advantage of by family lawyers. No matter how benevolent they may claim to be. They are soaking us and they know it.

I think we can take the model of the OCL, or that of legal aid and expand it to cover all people.

This has to stop. What do you guys think about a petition in this regard ?

PND
Reply With Quote
  #2 (permalink)  
Old 10-23-2015, 02:09 PM
Senior Member
 
Join Date: Mar 2014
Posts: 2,883
rockscan will become famous soon enough
Default

Most politicians are former lawyers and/or are supported by a large block of the legal community. Trying to get this as a policy initiative is a long painful road with no guarantee of success due to a strong legal lobby against it.

To give you an idea of how long these things take...I was at a policy convention in 1998 when same sex marriage successfully made it onto the policy agenda for the then Liberal government. It had been slogging through approvals to get there for at least five years and was only voted in by hundreds of young Liberals and women rushing in when it was called for the vote. --it almost failed-- It then took more than a decade to become law.

Its a noble effort and Im sure many people will agree it should be supported but as long as theres money to be made, the money makers will vote against it.

Definitely call your MP and MPPs office though and also contact the federal Liberal party to see whats on their policy agenda for their next convention.
Reply With Quote
  #3 (permalink)  
Old 10-23-2015, 02:22 PM
Hand of Justice
 
Join Date: Jan 2013
Location: In the Shadows
Posts: 3,139
Links17 is on a distinguished road
Default

The only focus of any lobby group looking to reform family law should be the "rebuttable presumption of shared custody". Everything else will change after that...
Reply With Quote
  #4 (permalink)  
Old 10-23-2015, 03:29 PM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,837
arabian will become famous soon enough
Default

I personally do not endorse mediation in its current format.

After a 30 year marriage I divorced and settled matters in 9 months by way of binding arbitration. We had one time-waster, namely a "4-way meeting."

I think the current system of needless, unproductive case-conferences should be examined and stiff financial penalties levied to parties who arrive unprepared and/or seeking adjournment.

Seems everyone uses OCL or CAS (which are free) to bolster up their child custody cases. This should be recognized for what it is.
Reply With Quote
  #5 (permalink)  
Old 10-23-2015, 03:56 PM
plainNamedDad44's Avatar
Senior Member
 
Join Date: Jul 2013
Posts: 794
plainNamedDad44 is on a distinguished road
Default

Quote:
Originally Posted by arabian View Post
I personally do not endorse mediation in its current format.

After a 30 year marriage I divorced and settled matters in 9 months by way of binding arbitration. We had one time-waster, namely a "4-way meeting."

I think the current system of needless, unproductive case-conferences should be examined and stiff financial penalties levied to parties who arrive unprepared and/or seeking adjournment.

Seems everyone uses OCL or CAS (which are free) to bolster up their child custody cases. This should be recognized for what it is.
Arabian, the CAS and OCL have played a pivotal roll in my matter and I am grateful to them for giving my children a voice. That said, these resources should not be abused.
Reply With Quote
  #6 (permalink)  
Old 10-23-2015, 03:59 PM
plainNamedDad44's Avatar
Senior Member
 
Join Date: Jul 2013
Posts: 794
plainNamedDad44 is on a distinguished road
Default

I invite further comment. I think its important. None of us will likely benefit from the change as RS pointed out, but I think its something we should do.
Reply With Quote
  #7 (permalink)  
Old 10-23-2015, 05:44 PM
Senior Member
 
Join Date: Dec 2006
Location: Kitchener Ontario
Posts: 5,199
standing on the sidelines is on a distinguished road
Default

first off I would talk to your local mp or mpp to see what is involved and if they would be willing to bring it forward first.
Reply With Quote
  #8 (permalink)  
Old 10-23-2015, 06:13 PM
Senior Member
 
Join Date: May 2011
Posts: 102
somethingelse is on a distinguished road
Default rebuttable presumption of equally shared parenting

I agree that reform is necessary and that the strongest resistance would be from lawyers' unions like the OBA.

A rebuttable presumption of equally shared parenting would be an excellent start. Much good would follow from that.

I agree that obligatory mediation is very problematic. Mediation is darn near obligatory in Ontario now, but it is often used as an intentional time-and-money waster, in some cases used (like the 'conference system') to cost the other party money (and line lawyers' pockets) and to waste time so that a 'status quo' which is contrary to the child's interests is established.

Conference system is a waste of our judges' time. At least one Ontario judge is on the record as having stated that. As soon as it's clear one party is being obstructive and unreasonable, conferences should be abandoned and things should quickly go to trial.

And I like glitter-farting unicorns.
Reply With Quote
  #9 (permalink)  
Old 10-23-2015, 10:42 PM
Hand of Justice
 
Join Date: Jan 2013
Location: In the Shadows
Posts: 3,139
Links17 is on a distinguished road
Default

I have thought with JT in charge and having had a bipolar partying mother (who would have gotten custody if she didn't have the media following her everywhere) and the dad as a prime minister and being a father himself might not have a position on the matter...

I dont care if i benefit but having a rebuttable presumption for shared custody will cut the legs off any custody warfare unless the parents are truly unfit... and costs awarded against the party asking for sole unless there is a clear preference.
Reply With Quote
  #10 (permalink)  
Old 10-24-2015, 07:19 AM
Senior Member
 
Join Date: May 2011
Posts: 102
somethingelse is on a distinguished road
Default

Links, thanks for concisely articulating, in your second paragraph, the value of a rebuttable assumption of equally shared...


I hadn't thought of JT and his experience as a child maybe increasing the political will to change things. I hope it does and it seems likely but I have some reservations. Certainly his childhood might have gone more pear shaped if his mom had had more control. Certainly if the media hadn't been following his mom around mom might have had more control, contrary to the childrens' interests. I just hope he recognizes that the fact things went relatively well for him isn't the norm.

I worry that, since things didn't go pear shaped for him, he will be less motivated to reform. I think an adult with power who would want to change things most would be one whose childhood was wrecked but who as an adult realises why that was allowed to happen. It seems that JT's childhood didn't get wrecked because there was a media spotlight on his mother's actions. Because of his socially exceptional experience, his family's outcome was very unusual. I hope someone close to him points out to him what a mess his childhood might have been if it had unfolded how it would have for the majority of children.


The fact that legal costs were not an issue for his late father is another abnormal factor which JT benefitted from and most children don't. A presumption of equally shared, with consequent costs considerations, might help children from common families overcome that.

Last edited by somethingelse; 10-24-2015 at 07:21 AM. Reason: typo
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Children’s Law Reform Act Beaudoin Divorce & Family Law 1 10-22-2012 12:02 PM
Bill 67, Children's Law Reform Amendment Act (Relationship with Grandparents) WorkingDAD Divorce & Family Law 3 08-24-2012 04:11 AM
Petition karmaseeker Political Issues 2 07-19-2011 11:32 PM
Petition for "second" families and child support reform got2bkid Political Issues 53 07-29-2010 04:50 PM
Reform starts where? hubby Political Issues 1 02-11-2006 02:56 AM


All times are GMT -4. The time now is 03:54 AM.