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Judicial passivism turning fathers into deadbeats

Judges refuse to enforce Divorce Act section that embraces equal access to child

The Edmonton Journal, Grant A. Brown, Freelance, Saturday, June 17, 2006

When mothers lose in court, they are not made to pay court costs -- again on the premise that this would only take money away from the children. But payment of penalties and costs is merely a transfer between parents, and only prejudice supports the proposition that fathers would be less generous toward their children than mothers, given the time and financial ability to do so.

Contrast the endless lame excuses judges use not to impose remedies for access denial with their attitude toward making and enforcing child-support orders.

Every discretionary provision in the child-support guidelines is interpreted rigorously against fathers; and every enforcement measure is applied vigorously.

The fact that it is counterproductive to suspend a father' s driver' s licence or send him to jail for non-support does not deter the use of these enforcement measures.

Through a series of passive-aggressive rulings, the courts reduce many fathers to the psychological state of an automatic teller machine.

The courts too often create "deadbeats," and then use their existence as an excuse to be increasingly harsh toward fathers who fight for a meaningful role in their children' s lives.

Forgive them, fathers, for they know not what they do.


Grant A. Brown, who has a doctorate from Oxford University in ethics/political philosophy, was a professor of business and professional ethics at the University of Lethbridge from 1990 to 1999. He currently practises family law in Edmonton.

The Edmonton Journal 2006

Misandry- Hatred of Men

CBC TV

Women don't throw rocks at men

On a recent trip out to a local mall on a Saturday evening, I was picking through the T-shirts for teenagers when I spotted one with the words "Boys are Stupid, Throw Rocks at Them."

I'm used to seeing variations on the Girl Power theme when I'm in these stores but I was shocked to see something so negative about boys. As the mother of both a boy and a girl, I felt sick when I saw the slogan. I felt even worse when I logged onto the website of the retailer who sells these products. They are designed and manufactured by a clothing company called David & Goliath, based in Clearwater, Fla.

I was not happy to see a list of so-called funny slogans: Boys Lie, Poke Em in the Eye; Boys are Goobers, Drop Anvils on Their Heads; Lobotomy, How to Train Boys; If Boys are So Tough, Why are They So Afraid of Knives (this with a picture of a boy running away with knives in the air); or Tape Can Be Fun, a T-shirt with a boy's mouth covered in tape. One of the T-shirts is actually featured in the February issue of YM magazine this year.

Can't you just imagine the hue and cry if the word girl was inserted into all of these 

ABC News USA

Psychiatric disorder may have led boy to fatally shoot father

Rick James Lohstroh, a doctor at UTMB, was fatally shot this summer, apparently by his 10-year-old son.

ABC13 Eyewitness News, Houston, Texas, U.S.A.
Dec. 29, 2004

The 10-year-old Katy boy accused of murdering his father this summer is now the face of an unofficial psychiatric disorder that may have lead to his father's death.

Some psychiatrists call it Parental Alienation Syndrome and they say that's why the son killed Doctor Rick Lohstroh last summer. The syndrome is basically caused by a bitter parent who poisons a child against the other parent, usually in cases of divorce.

Canadian Bar Association

THE CANADIAN BAR ASSOCIATION
L'ASSOCIATION DU BARREAU CANADIEN

Parental Alienation Syndrome: A 'Hidden' Facet of Custody Disputes

Read More ..

Parental Alienation
Scholarly Paper

Parental Alienation - Myths, Realities & Uncertainties:
A Canadian Study,
1989-2008

May 12, 2009

By Nicholas Bala, Suzanne Hunt & Carrie McCarney
Faculty of Law
Queens University
Kingston, ON Canada

Alienation cases have been receiving a great deal of public and professional attention in the past few months in Canada. As with so many issues in family law, there are two competing, gendered narratives offered to explain these cases.  Men's rights activists claim that mothers alienate children from their fathers as a way of seeking revenge for separation, and argue that judges are gender-biased against fathers in these cases. Feminists tend to dismiss alienation as a fabrication of abusive fathers who are trying to force contact with children who are frightened of them and to control the lives of their abused former partners. While there is some validity to both of these narratives, each also has significant mythical elements. The reality of these cases is often highly complex, with both fathers and mothers bearing significant responsibility for the situation.

Two of the many findings are:

Mothers are twice as likely as fathers to alienate children from the other parent, but this reflects the fact that mothers are more likely to have custody or primary care of their children; in only 2 out of 89 cases was a parent with only access able to alienate a child from the other parent.

Fathers made more than three times as many unsubstantiated claims of parental alienation as mothers, but this too reflects the fact that claims of alienation (substantiated and unsubstantiated) are usually made by access parents, who are usually fathers.

The Globe and Mail

Parental alienation cases draining court resources

Study says such cases should be moved out of court system, handled by individual judges

The Globe and Mail
May 13, 2009

An escalation in parental alienation allegations is draining valuable courtroom resources, a major study of 145 alienation cases between 1989-2008 concludes.

"Access problems and alienation cases - especially those which are more severe - take up a disproportionate amount of judicial time and energy," said the study, conducted by Queen's University law professor Nicholas Bala, a respected family law expert.

"One can ask whether the courts should even be trying to deal with these very challenging cases." Read More ..

Journal of Psychosocial Nursing 1994

Parental Alienation Syndrome

A Developmental Analysis of a Vulnerable Population

The American family is changing, and divorce is no small part of the pattern. In the United States, there are nearly a million and a half divorces and annulments annually. It is estimated that 40% to 50% of adults will eventually divorce . Including the indirect effects on family and friends, the impact of divorce has ripple effects not only for those directly involved, but also for society and clinical nursing.

Many children involved in divorce and custody litigation undergo thought reform or mild brainwashing by their parents. This disturbing fact is a product of the nature of divorce and the disintegration of the spousal relationship in our culture. Inevitably, children receive subtly transmitted messages that both parents have serious criticisms of each other. Read More .. ..

Parental Alienation Syndrome

The Fathers Guide: Coping with Parental Alienation

Non-custodial parents often face a continuing dilemma, knowing how to respond to certain mind-programming propaganda that the children receive from the custodial parent. Every reference to the non-custodial parent is couched in negative words: "lazy, irresponsible, un-loving, and cheapskate," to name a few.

The childrens emotions and behavior patterns that result from this negative programming have been officially dubbed by the psychological community as the Parental Alienation Syndrome , and when the parent doing the alienation has full-time access to the children, the consequences can be devastating to the relationship between the child and the other parent. It is also devastating to the child as the child comes to realize that half of who they are, is a product of that "low life" other parent.

Parental Alienation Syndrome

A Developmental Analysis of a Vulnerable Population

The American family is changing, and divorce is no small part of the pattern. In the United States, there are nearly a million and a half divorces and annulments annually. It is estimated that 40% to 50% of adults will eventually divorce . Including the indirect effects on family and friends, the impact of divorce has ripple effects not only for those directly involved, but also for society and clinical nursing.

Many children involved in divorce and custody litigation undergo thought reform or mild brainwashing by their parents. This disturbing fact is a product of the nature of divorce and the disintegration of the spousal relationship in our culture. Inevitably, children receive subtly transmitted messages that both parents have serious criticisms of each other.