Missouri Politicians Vote in Favour of Equal Parenting

GeorgiaLeeLang025The State of Missouri can truly boast of their “enlightened” political representation as state legislators took a bold step this week and passed legislation to engrain the concept of shared parenting into their family laws. The next step is for Governor Jay Nixon to sign the bill into law.

You may ask: Is this another one of those “watered-down” efforts we have seen before, where the change does not remedy the age-old “dad can’t be an equal participant in parenting” philosophy?  Not at all.

The changes contemplated in the new law are exciting for Missouri fathers who have for too long been marginalized by antiquated twentieth century traditions of stay-at-home moms and working dads, operating to advance a maternal preference for parenting after separation. The old way of parenting was shored up by untested psychological theories about mothers and fathers that unwittingly led to a template of a “visiting” parent, usually relegated to every second weekend for a total of four nights of access per month.

The primary caregiver model became the default position without consideration of the quality of parenting, the psychological functioning of each parent, or the history and nature of the parent/child relationship.

Good parents were lumped together with dysfunctional parents because judges relied on precedent, a straightjacket that we now know has hurt generations of children and needlessly disempowered parents, usually fathers.

The proposed Missouri law challenges those outdated assumptions by injecting language that directly addresses the inequality that has reigned for decades in North America.

For example, the definition of joint custody will read:

” Joint physical custody means an order awarding each of the parents approximate and reasonably equal periods of time during which a child resides with or is under the care and supervision of each of the parents. Joint physical custody shall be shared by the parents in such a way as to assure the child of substantial, frequent, continuing, and meaningful contact with both parents;”

The bill also includes the following passage:

” In determining the allocation of periods of physical custody, the court shall presume that a parenting plan that equalizes to the highest degree the amount of time the child may spend with each parent is in the best interest of the child. The state courts administrator shall modify the Form 68-A Parenting Plan, also known as “Schedule J”, to reflect the provisions of this subdivision and to include that the default parenting plan shall include alternating weeks with each parent, unless the parents submit an alternative parenting plan.”

It is encouraging to see politicians embrace the most up-to-date research which overwhelmingly supports parents as equal partners in parenting after separation. Hopefully, other jurisdictions will wake up and recognize that conflict during divorce should not be used to eliminate what hundreds of social scientists say is the best outcome for children. Shared parenting. It’s good for kids and parents.

Lawdiva aka Georgialee Lang

Victims of Family Justice System Mount Legal Challenge on Parents’ Day

BarristerAn American group who call themselves “Constitutional Association of Parental Rights Activists” (CAPRA) intend to take steps this summer to publicize and take action regarding the plight of parents who have been denied a full parental role in their children’s upbringing. The basic principles underlying their campaign stem from the United States Federal Code (36 US Code 135) that provides for Parents’ Day. The law reads:

“(a) The fourth Sunday in July is Parents’ Day.
 (b) All private citizens, organizations, and Federal, State, and local governmental and legislative entities are encouraged to recognize Parents’ Day through proclamations, activities, and educational efforts in furtherance of recognizing, uplifting, and supporting the role of parents in bringing up their children.”
Planning is well underway to launch a class action lawsuit against all 50 states of the union on Parents’ Day 2016.  Their strategy is to leverage this official federal holiday as a starting point and take advantage of both the Republican and Democratic Presidential Conventions to bring pressure on both political parties to recognize the importance of both parents in raising children. The GOP convention is one week before Parents’ Day, while the Democrats will meet a week after the holiday.
Their primary goal is to shutdown and radically reform America’s family court system

 

Commencing July 4th, 2016, some 50,000 CAPRA Members will begin exploiting a variety of media forums to spread the word.  They reason that based on the language of the Parents’ Day law every candidate must support the official Parents Day law, and therefore, must support their class action suit. For more information go to parentalrightsclassaction.com.

Lawdiva aka Georgialee Lang

 

BC Judge Allows 11-Year Old Girl to Continue Treatment to Transition to a Boy

GeorgiaLeeLang025A British Columbia  Supreme Court judge has appointed a lawyer for an 11-year old Prince George girl who is undergoing hormonal treatment to transition to a boy, a process encouraged by the girl’s mother, but opposed by her father. The child’s parents are separated.

Children diagnosed with gender dysphoria are no longer staying in the shadows, as we read about child gender transitions around the world, including the United Kingdom and Australia. Below is an article I wrote in January 2011 entitled “Children Born in the Wrong Body”.

A Family Court Judge in Australia has approved sexual reassignment surgery for a 16 year-old schoolboy who suffers from a mild form of autism. Justice Linda Dessau heard evidence of the boy’s desperation to escape his gender prison and start his life over as a girl. The Court listened to testimony of significant distress, anxiety and depression, including at least one suicide attempt.

The boy’s family, six specialists and his independent lawyer all confirmed the boy’s maturity to make this life-changing decision. The Court also heard that the boy’s father enjoyed dressing in female attire while he was a young man, but had abandoned this practice as he matured.

The protocol for sexual reassignment treatment of children is to give them hormonal drugs which arrests their journey into puberty, thus delaying the development of breasts in girls and the growth of hair and a deeper voice in boys.

Experts believe this initial treatment gives a child the opportunity to decide if they wish to move forward with further hormonal treatment and later surgery. In this case the Court also ordered that the boy’s sperm be collected and stored in the event the female hormones impeded his ability to have children.

Sex change surgery is highly controversial, particularly for children, but it is not without precedent. Six years ago an Australian Court’s decision to permit a 12 year-old girl to begin hormonal treatment was met by public anger. At the age of 17 the Court also approved a double mastectomy as the girl moved through her reassignment treatment.

While it is reported that most people who complete the surgery are happy with their new lives, for others the surgery is anything but positive. The director of Australia’s only sex change clinic has been under fire for several years as a result of former patients suing her, the Clinic, and the Clinic’s other doctors, alleging negligence and errors in diagnosis.

After allegations were made in 2009, psychiatrist Dr. Trudy Kennedy of the Monash Gender Dysphoria Clinic in Melbourne, was forced to close the clinic for a time. It is reported that eight former patients have complaints against Dr. Kennedy and three lawsuits have been commenced.

One former patient who had surgery when he was 21, maintains that he was misdiagnosed as a transexual by Dr. Kennedy. He underwent surgery to reverse the original procedure and says he now lives as a “mutilated freak”. He received a damage award.

Another 66 year-old man settled out-of-court. He had been sexually abused by his mother for seven years and received the sex change surgery in Dr. Kennedy’s Clinic, despite an opinion from a psychiatrist that the surgery would not help him.

Dr. Kennedy believes that the desire to change gender is biologically based and thus, surgery is the only cure. Other experts say that child abuse and psychiatric ailments may cause gender confusion, which should be treated with psychotherapy, not surgery.

Transexualism is generally misunderstood and public education is lacking. Vancouver human rights lawyer barbara findlay Q.C. remarks:

“Transgendered people-both transexuals who are born in
the wrong body and other people who identify as neither,
or both, male and/or female, continue to suffer
horrendous discrimination.”

Lawdiva aka Georgialee Lang

$500,000 Custody Case Garners Harsh Criticism

 

Another day…another courtroom, but the same insanity…. a custody battle that has cost two parents $500,000 in legal fees. This time it’s an exasperated Ontario Superior Court judge from Hamilton who asks the question, “How does this keep happening? What will it take to convince angry parents that nasty and aggressive litigation never turns out well?”

Mr. Justice Alex Pazaratz presided over a 36-day trial, awarding sole custody of an 8-year-old child to her father, a Toronto police officer. The Court’s Reasons for Judgment begin with the recitation of an email sent by the husband to his wife, a year after their separation, and before litigation commenced:

“We are both reasonable people and I really think we can work this out without spending $40,000 to $50,000 a piece in lawyer fees only to have a judge tell us something we could arrange ourselves. Please I’m begging you to be reasonable.”

It only takes one parent to turn a family law case into a hellish nightmare, and according to Judge Pazaratz that’s what an angry, foolish woman did. Consider the optics: Father wants generous parenting time, and mother refuses, turning the child against her father. In these situations, fathers will get nowhere unless they ask a court to intervene. At this point, most right-thinking parents would instruct their lawyers to negotiate a parenting plan, or attend mediation, with the goal of maximizing each parent’s time with the children, focusing always on the child’s best interests.  Sound so simple, doesn’t it?

In this case, dad spent $300,000, while mom spent $200,000. Judge Pazaratz said:

“Pause for a moment to consider the overwhelming tragedy of this case,…These are nice, average people. Of modest means (now considerably more modest). They drive old cars and probably pinch pennies shopping at Costco.”

The harshest criticism was leveled at the child’s mother, who the Court found had manipulated and falsified evidence, engaged in provocative and dangerous behaviour, and poisoned the child against her father. Judge Pazaratz described her conduct as “emotional child abuse… with their only child caught in the cross-fire”. Her deviant behaviour was triggered when her estranged husband began to move on with his life and began a new relationship.

The Court ordered the mother to pay costs to the father in the amount of $192,000, wryly concluding:

“In retrospect, (the father’s) sombre warning about ‘spending $40 – $50,000 a piece in lawyer fees’ now amounts to wishful thinking.”

Lawdiva aka Georgialee Lang

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Bill O’Reilly Loses Custody Appeal

GeorgiaLeeLang025The founder of the “No Spin Zone” may think that New York judges are “pinheads”, and that’s because they ruled against him this week in his bid to have his teenage children live with him, rather than his ex-wife.

Last year the Nassau County Supreme Court awarded his ex, Maureen McPhilmy, age 49, full residential custody of 13-year-old Spencer and 17-year-old Madeleine, although O’Reilly, age 66, has full visiting rights and shares legal custody.

As is typical in custody cases involving teenagers, both teens expressed their views, which given their ages, were highly persuasive to the judges hearing the case. The children wanted to remain living with their mother.

The Appellate court, however, spoke in favour of continued joint legal custody saying:

“…the record supports the court’s finding that if either parent were awarded sole decision-making authority, there would be a danger that it would be used to exclude the other parent from meaningful participation in the children’s lives.”

An unfortunate finding that suggests this custody battle has been high-conflict and that the once-married O’Reilly’s can no longer say anything positive about the other. It has also been reported that O’Reilly’s daughter advised a child custody assessor that she had witnessed domestic violence in the home, a charge that O’Reilly has adamantly denied.

What is not so unusual about this case is that the name O’Reilly does not appear in the court registry or in court documents, undoubtedly to protect the children.

The case is listed as Anonymous 2011-1 v Anonymous 2011-2 which indicates their fight has raged on for 5 years.

Lawdiva aka Georgialee Lang

Madonna Battles in New York Family Court for Return of Her Son

GeorgiaLeeLang016She’s one of those people whose one word name is instantly recognizable: Madonna. She and her ex-husband British director Guy Ritchie, were in family court in New York this week being scolded by Judge Deborah Kaplan over the custody dispute concerning their 15-year old son, Rocco.

Since 2008 Rocco has lived primarily with his mother in New York, however, on Madonna’s international Rebel Heart Tour last summer, Rocco decided to stay in Europe and moved in with his father who lives in England. Madonna was not pleased.

And neither was the judge this week. She admonished Madonna and Mr. Ritchie suggesting that while they appeared to enjoy living their lives in the media spotlight, their son did not. As is typical in custody cases the barbs flew…. Madonna’s lawyer, Eleanor Alter accused Mr. Ritchie of ignoring a court order and encouraging Rocco to do the same, while his lawyer, Peter Bronstein expressed the folly of forcing a 15-year old teenager to live with one parent or the other, against his wishes.

The expression often used for teens in custody disputes is that they “choose with their feet”, which is just what Rocco has done. Mr. Bronstein also noted the difficulty in forcing Rocco to board a plane back to New York… and he is spot on.

I remember a case I had many years ago of a mature 12-year old boy visiting his father in Vancouver during the summer, and when the vacation was over, he refused to return to his mother in Germany.

There was a court order that stipulated the exact date of this boy’s return and I warned my client that he was obliged to obey the court order, bring the child to the airport, and see that he got on the plane. But the boy took matters into his own hands.

Father and son approached the airline counter where the young man started screaming and tossing his clothes out of his suitcases and onto the floor. He created such a scene that the passenger agents paged the plane’s Captain to come to the counter to determine if they should force the child to board. Viewing the scene, the Captain refused to permit the young man to board the plane.

My client was clever enough to get the names of the other passengers in line who witnessed this spectacle and later agreed to be witnesses, confirming that my client had done everything he could to persuade the boy to board the plane.

Yes, the young man remained in Vancouver with his father after his mother realized she could not force him to return to Germany. A few years later his younger brother joined him. His arrival was unexpected and a real escapade, but that’s another story.

Lawdiva aka Georgialee Lang

Has a B.C. Father Been Labelled a Sexual Predator Based on Fraudulent Expert Evidence?

GeorgiaLeeLang025In a groundbreaking decision last summer after a 147 day trial, Mr. Justice Paul Walker of the British Columbia Supreme Court found that B.C.’s child protection authorities had negligently permitted a father to sexually abuse his child while the youngster was in the custody of the Ministry. The Court found that the government’s failure to protect this child was “egregious, negligent, and a breach of duty” and government social workers showed a “reckless disregard to their obligation to protect children.”

The evidence before Mr. Justice Walker included expert evidence from Dr. Claire Reeves who had been an expert witness at the 90 day family law trial that preceded the action against the Ministry by several years. Dr. Reeves’ opinion played a significant role in the original finding that this father had sexually abused his children. The parties agreed that her expert opinion from the family law trial would be admitted in the Ministry trial.Throughout the lengthy proceedings, the father adamantly denied abusing his children.

After the family law trial Reasons were handed down, the father had 30 days to file an appeal of that decision, however, no appeal was filed. Yesterday the Court of Appeal allowed the father to appeal the original family trial decision, although three years had passed since the original ruling and the 30 day window has long passed.

Madam Justice Elizabeth Bennett in the Court of Appeal remarked that “one would be hard pressed to envision an act as vile as sexually abusing one’s own children or a travesty of justice as great as being falsely accused and found guilty of such acts”. The father’s successful application was based on new evidence that appears to establish that Dr. Reeves’ evidence was fraudulent. The credentials she touted, including a Doctorate in Clinical Counselling, Masters of Science in Clinical Psychology, Bachelor of Science in Family Mediation, and a Bachelor of Arts in Journalism, are from so-called “diploma mills”.

Her assertion that she had testified as an expert on child sexual abuse on numerous occasions in a variety of courts also appears to be untruthful. The substance of her trial opinion was based on a theory of child abuse that has long been discredited, even by the expert who originally proffered the “child sexual abuse accommodation syndrome”.

Dr. Reeves has not responded to the allegations outlined by the Court of Appeal, however, a Google search, where one would expect to find many entries regarding her professional work, is sparse. She is the President and Founder of Mothers Against Sexual Abuse.

CBC News reports their online research indicates that Dr. Reeves says she was instrumental in bringing in chemical castration for child molesters in California. She also has unusual views on related topics. On her Facebook page she wrote:

” Why test on animals when we have prisons full of pedophiles”.

She also believes many people have had controlling microchips implanted in their brains — and have been given trigger words that could turn them into saboteurs.

“I believe people have been chipped, targeted individuals, and more of them than we can imagine,” said Reeves, calling it, “Mind control. Because it really is mind control.”

The father’s appeal will be of great interest to those who decry the failings of the family law administration of justice. No doubt the children’s mother will seek to legitimize her reliance on Dr. Reeves as an expert. The truth will, undoubtedly be revealed.

Lawdiva aka Georgialee Lang