Politicians Wake Up: Canadians Overwhelmingly Support Shared Parenting

GeorgiaLeeLang057In a poll conducted by leading Canadian pollsters, Nanos Research, the results revealed that 70% of Canadians support shared parenting. Thirteen per cent opposed shared parenting and 17% were undecided.

Nanos conducted an RDD dual frame (land- and cell-lines) hybrid telephone and online random survey of 1,000 Canadians, 18 years of age or older, between August 30th and September 1st, 2017 as part of an omnibus survey. Participants were randomly recruited by telephone using live agents and administered a survey online. The margin of error for a random survey of 1,000 Canadians is ±3.1 percentage points, 19 times out of 20.

You may ask “how can a poll of 1,000 people reflect the views of 35 million Canadians?”

Writer Eric Grenier wrote a piece on polling in the Globe and Mail in 2014 and answered that question:

“It might be hard to believe, but it is mathematically possible. A smaller sample will, of course, have a harder time reflecting the population accurately. But a poll of 1,000 people is generally considered the standard size. Larger polls have smaller margins of error, but the return on that extra effort is smaller is well. Doubling the sample size does not cut the margin of error in half, for example.”

Canada’s largest private broadcaster depends on Nanos Research as the official pollster of record for CTV News. Similarly, world-renowned Bloomberg News Service uses Nanos to conduct Bloomberg’s weekly Canadian consumer sentiment tracking, known as the Bloomberg Nanos Canadian Confidence Index.

Now, if certain lawyers, judges, and politicians would read the scholarly literature and understand that shared parenting is best for children, Canadian families who have suffered from divorce, would be far happier and healthier.

Lawdiva aka Georgialee Lang

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GUEST POST: FATHERLESS IN NORTH AMERICA

BarristerTERRY BRENNAN is the co-founder of “LEADING WOMEN FOR SHARED PARENTING”, an organization based in the United States, with invited members located world-wide. Members include women who are Senators, members of the House of Representatives, state and municipal politicians, social workers, psychologists, scientists, psychiatrists, journalists, attorneys, child custody experts, domestic violence experts, and many other professional women. I am a member of LEADING WOMEN FOR SHARED PARENTING and proud of it.

Terry Brennan’s  letter to the editor  of the Kearney Hub, a Nebraska publication, dated August 30, 2016, has caused quite a stir in the Cornhusker State, a state whose Bar Association actively lobbied against shared parenting in an attempt to maintain the revenue they earn from custody litigation. They were successfully sued for their misguided efforts.

The Kearney Hub deserves praise for calling out the largest social issue impacting America. Fatherlessness is an epidemic connected to virtually every social pathology in children. More local papers, who are in the trenches of America’s problems, are calling out the desperate need to address fatherlessness, even as the national media stays silent.

However, it’s ironic to see a Nebraska paper calling out fatherlessness. Why? Because while fatherlessness has multiple causes, using the low estimate, family courts create a fatherless child every single minute of every single day, and Nebraska courts are among the worst offenders.

Every mother of a son should know, a 10-year study found Nebraska family courts gave children an average of five days a month “visitation” with their non-custodial parents, a.k.a. “father.” Recently, Nebraska family courts showed they prefer that convicted pedophiles spend time with children rather than their loving and capable fathers. It’s shameful, considering the overwhelming research that shows shared parenting is best for children.

Shared parenting is endorsed by 110 world experts, supported by 43 peer reviewed papers, favored by 70 percent of the population, and was the conclusion of the largest study on children of divorce, reviewing 150,000 kids. The 110 experts stated they’re “united in their concern that flawed science is leading to parenting plans and custody decisions that harm children.”

Cordell & Cordell, a law firm with offices in 30 states, noted: “It is becoming increasingly clear that any argument against shared parenting is not based on empirical data. Logic would dictate that it should be painless to pass laws that grant children more equal access to each parent following a divorce.”

With such support, 20 states recently considered shared parenting with Arizona, Utah and Missouri changing laws, allowing children more time with the paternal side of their family.

Although bills are put forth annually, shared parenting hasn’t advanced in Nebraska as it reduces the income of lawyers. In reviewing the implementation of shared parenting in Australia, Professor Edward Kruk found a marked reduction in child custody litigation has also been noted since the new legislation, with applications to court over child custody falling by a staggering 72 percent. Court-determined parenting arrangements fell from 7.8

percent to 2.8 percent of cases and lawyer negotiation from 10.6 percent to 5.8 percent of cases, Kruk found.

Corresponding to decreased litigation has been a marked increase in the use of family relationship centers and family mediation services. And most Australian parents (72 percent) now resolve parenting arrangements without the use of any legal services. (“The Equal Parent Presumption”)

The Nebraska Bar Association so feared this loss of revenue it acted illegally and was sued for lobbying against shared parenting, resulting in its dues being halved, the elimination of staff, and sublet of office space.

If we’re to pay more than lip service to addressing fatherlessness, follow the advice of psychiatrists, psychologists, child development experts and domestic violence practitioners who’ve endorsed shared parenting as best for children.

Until the Nebraska Legislature follows the lead of other states, the fatherless crisis will continue.”

Terry Brennan, Newtonville, Mass.

LAWDIVA’S NOTE:

Several bills  advocating shared parenting have been voted on in Canada’s Parliament. None have passed.

Lawdiva aka Georgialee Lang

 

 

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

 

Kelly Rutherford Custody Case Rife With Misinformation

GEO#1Kelly Rutherford is an American actress who began her career in daytime soap operas, later moving to primetime network television in Melrose Place and Gossip Girls. However, she is much more famous today for her custody battle with ex-husband, Daniel Giersch.

Her court case has enraged media pundits who are slamming the family courts in California and New York, expressing outrage that Kelly Rutherford’s two American-born children were ordered to live in Europe with their father, an alleged breach of their constitutional rights. But if the television “experts” actually knew anything about custody law they would understand that it’s not the courts who are to blame, it’s Ms. Rutherford’s wrongheaded strategy.

A little background… Rutherford had a six-month first marriage and then married German businessman Daniel Giersch in August 2006. Their first child, Hermes Gustaf Daniel Giersch, was born in October 2006. Rutherford was two-months pregnant with their second child when she filed for divorce from Giersch on December 30, 2008

A custody battle immediately ensued with Mr. Giersch alleging his wife refused to tell him the expected birthdate of their daughter, Helena. After her birth she restricted his parenting time and also failed to register him as the father on her birth certificate. Rutherford either had bad legal advice, or more likely, ignored the advice she received. A sure way to sabotage a custody claim is to deny access and purposely decline to name the child’s father on the birth certificate.

But after seven months of legal wrangling in the California courts the couple agreed they would both live in New York City so Ms. Rutherford could continue with her work on Gossip Girls, an agreement that would expire in April 2010.

In 2012 the matter of final custody was adjudicated, resulting in an order that the two children live with their father in either Monaco or France. During the court proceedings, evidence was presented that showed that Ms. Rutherford contacted United States immigration resulting in Mr. Giersch’s expulsion from the United States. A wrongheaded strategy that clearly backfired on Ms. Rutherford. If her former husband had been permitted to remain in the United States it is unlikely she would have spent a million or more dollars fighting over custody and also avoided going personally bankrupt.

Trial evidence included reports that Ms. Rutherford’s work commitments, including twenty-hour work days, led to Mr. Giersch playing “Mr. Mom” in his wife’s absence. The judge also criticized Ms. Rutherford for misleading the court with respect to her work schedule and was unimpressed with her unwillingness to facilitate access. All good reasons to prefer Mr. Giersch as primary resident parent.

Ms. Rutherford went back to the California courts to change the custody order but the court ruled they no longer had jurisdiction. Neither of the parties lived there; Ms. Rutherford lived in New York while her ex-husband lived in Europe and neither of the children resided in California.

Happily for Ms. Rutherford, the children were with her for the summer of 2015.

Her lawyer then brought an application to the New York courts seeking an order that the children remain with her in New York. Unfortunately, the court declined jurisdiction on the basis the children were now habitually resident in Monaco, and only the Monaco court could make orders regarding the children.

In her latest strategic misstep, Ms. Rutherford refused to return the children to their father, causing the New York court to step in and order her and the children to appear in court where Mr. Giersch’s mother took custody of the children and returned them to her son.

It’s a familiar story: parents really have only one opportunity to obtain or retain custody or primary residence of their children. If they make mistakes, like Ms. Rutherford did, the chance of a change in residence is extremely remote. Her next best opportunity is when the children are able to speak for themselves, usually around the age of 13, but only if they want to live with their mother.

In the new world of shared parenting, mothers do not have a monopoly on child custody. That’s the past…this is the present…and the future.

Lawdiva aka Georgialee Lang

Second Attempt to Reform Spousal Support Crashes and Burns

GEO CASUALIt almost happened in 2013 as proponents of alimony reform in Florida heralded what they believed was the forthcoming passage of new laws eliminating lifetime spousal support and introducing other significant changes in alimony laws. However, women’s groups and divorce attorneys convinced Governor Rick Scott to veto the new law and the hopes of overburdened spouses were dashed.

Fast forward to 2015 where two separate alimony reform bills were introduced to legislators. Florida’s Senate embraced a bill that would end life time spousal support and provide a calculation for the amount and length of support based on the length of the spouses’ marriage and their respective incomes. Not content to focus on alimony reform, it also contained a provision mandating 50/50 shared parenting.

Meanwhile, a similar but separate bill was the subject of debate in Florida’s House where it handily passed.

While the Senate bill raised the heated controversy surrounding equal parenting, the House bill merely added a policy statement that
a child’s interests are usually best served by having both parents involved in his or her life. The bill did not seek to introduce a presumption in favor of either parent for time-sharing, relying as it did on a policy of maximum contact with each parent.

Florida media outlets reported that Senator Tom Lee stood in the way of the Senate’s acceptance of the House bill because of an alleged grudge he held related to his own divorce 15 years earlier, an allegation denied by Senator Lee. Lee was a vocal proponent of 50/50 parenting and would not vote in favour of the House bill’s “watered-down” version.

Nonetheless, the House and Senate’s decision to mix shared parenting with spousal support reform was a significant factor in the demise of alimony reform.

It appears the philosophy of reformers is to try to fix all the perceived ills of family laws in one fell swoop, a strategy that has backfired in other jurisdictions. Pundits say that had the bill dealt strictly with alimony it would likely have passed.

As it is now, lifetime alimony remains and it may be another two years before a further attempt is made. My suggestion? Deal with alimony and get that law passed. Phase 2 can then focus on shared parenting, however, laws that are “extreme”, such as a strict 50/50 formula or retroactivity are less attractive to major interest groups, including family law lawyers and women’s rights groups, who hold significant sway over public opinion.

Lawdiva aka Georgialee Lang

Class Action Lawsuit Continues Against Family Court Judges

10950859361151CDPA group of fathers in New Jersey have banded together to bring a class action lawsuit against five family court judges. They allege their constitutional rights were violated by orders made by these judges that deprived them of a relationship with their children. They also claim they were not afforded due process or equal protection under the law.

Their main argument is that by basing custody decisions on the “best interests of the child” their rights are violated. They also allege that lack of appropriate notice before a court order is made regarding their children is a breach of due process.

Due process, also called “natural justice”, is the right to have an unbiased hearing with an opportunity to present your evidence in defence to the claim against you.

Surender Malhan is one of the fathers in the class action. He alleges that the mother of his two children provided him with two hours notice she would be seeking sole custody of the children. He was given no real opportunity to organize rebuttal evidence to the allegations he was an unfit parent.

When he spoke to the media about his situation, family court Judge Nancy Sivilli issued a gag order preventing him from speaking publicly about his case. Mr. Malhan’s lawyer is now suing Judge Sivilli for First Amendment (free speech) violations.

The State of New Jersey is fighting back and brought a court application seeking a summary dismissal of the class action suit, arguing the fathers were using their court action to effectively appeal the orders made against them in the Family Court.

Judge Freda Wolfson presided over the State’s application, and refused to dismiss the fathers’ action, relying on a 2013 appellate decision, B.S. v. Somerset County, where the Third Circuit Court of Appeals refused to dismiss an action brought by a mother in Pennsylvania who alleged she lost custody of her daughter in a hearing that did not afford her due process.

The State also unsuccessfully argued that “sovereign immunity” protected New Jersey from this type of lawsuit. Judge Wolfson ruled the individual judges were the focus of the court action, not the State of New Jersey.

The debate over the usefulness of the “best interests of the child” test for determining custody has been simmering for a decade or more. It is often suggested that proponents of shared parenting want to eliminate the “best interests” test. Perhaps some do, but I believe that Courts simply need to embrace the substantial psychological literature that resoundingly reveals that children need a full relationship with each parent and that is what is in their best interests.

Lawdiva aka Georgialee Lang