Family court study is done; let's act
The Hamilton Spectator
Feb 14, 2002

RE: 'Courts overwhelmed by CAS custody cases' (Jan. 25), and 'Court delays hurt those in CAS care' ( Feb. 8).  I applaud Hamilton Mountain MPP Marie Bountrogianni for demanding to know why family courts are jammed with custody and access cases, and why the strained financial resources of the Children's Aid Society (CAS) are being ill spent in court instead of helping children at risk.

However, an "audit and operational review" of the family court system will only add to these costly delays.

In March 1995, a comprehensive, taxpayer-funded study of family courts, the Civil Justice Review, was released.

It identified clearly why the courts are overburdened, not only with CAS cases, but with all family matters. It also made recommendations for putting things right.

The report advised that "perjury is rampant" in affidavits used in family court proceedings. It also noted that "such perjury goes unpunished." The report went on to say that "concern and frustration were expressed about the number of allegations made in affidavits that were not capable of being substantiated in any way."

When one (or both) of two disgruntled parties seeks to gain an advantage in a custody and access matter that he/she might otherwise lose, the use of false allegations is predictable.

When false allegations of child abuse are raised, the results are also predictable. The children will be kept away from the "(alleged) offending parent" who must hire counsel to defend against a former spouse and the CAS which must become involved. And the child-parent relationship is, more often than not, damaged forever.

In the fall of 1995, Attorney General Charles Harnick responded to the Civil Justice Review by saying: "We will not set aside this report while more challenging and long-term goals are being developed."

Chief Justice Roy McMurtry said: "It is essential that plans for implementation be carried out quickly in order to take advantage of and build upon the momentum generated by the Civil Justice Review. I fully endorse the recommendations ... and I am pledging the commitment of our courts."

Dusting off the shelved and abandoned Civil Justice Review would be a forward step to minimize family court delays and return CAS funding to the mandate of protecting children at risk, not adding clout to parents' custody and access litigation.

-- Mark Broadbent, Hamilton,

Acting President,

Kids Need Both Parents.