Tuesday, August 30, 2011

Sarnia Group Seeks Family Law Reform

Below we have another group seeking Family Law reform starting in Sarnia. I wish them well.  Hopefully they will align themselves with the Canadian Equal Parenting Council, a National umbrella group lobbying for shared/equal parenting change.

Vested interests in the Department of Justice and Attorney General`s departments within Provinces are resisting reform for shared/equal parenting and the following post I placed in the Ottawa Citizen today helps explain why.

MikeMurphy

1:04 PM on August 30, 2011

The Canadian Bar Association (CBA) is the main lobby group of Lawyers in Canada, yet they are not registered as lobbyists. They can have the Canadian Head of State as their main speaker, a member of the same lobby group, without any one giving it a second thought.


Last year in Ireland they had the Justice Minister do a speech where he was directly lobbied to not act on PMB-C-422 for shared/equal parenting. This same Minister acquiesced to this blatant attempt at lobbying by stating the government did not support it.

A definition of corruption is abuse of the system. We have a lobby group, the CBA, acting as a vested interest in protecting family law lawyers from the potential of lost business due to the enactment of legislation that would reduce their need, especially in court litigation.

I do not think the CBA is capable of reform without independent oversight. It will not come from the Legislative branch until we see fewer lawyers operating in that sphere as lawmakers.  Only in the area of the law can we see such direct conflicts of interest, very similarly to the Canadian Head of states recent speech.



At least he told his colleagues they need to fix their very leaky roof.





 

 

The Sarnia Observer

Fix sought for family law

By SHAWN JEFFORDS, The Observer

Updated 1 day ago
Ontario's family law system is broken and a new group formed in Sarnia is lobbying the government for a permanent fix.

Canadians For Family Law Reform was founded in April by eight city residents who have been through the family law system. Two of the co-founders, Anna Moscardelli and Jim Canie, said the current structure turns spouse against spouse, often bankrupting both, as they fight over child custody and assets.

"The court system has developed these animosities between ex-spouses," Moscardelli said.


The group, which supports men and women, wants to see the government overhaul the family law system. A focus on mediated solutions, not long, drawn out court battles would be a good place to start, Moscardelli said.

"For me, it took seven years, 364 days from the time the original motion was filed until the final order came down," she said.

Moscardelli said she knows of a local couple who were married for four years and divorced, only to fight it out in the courts for 11 years before reaching a resolution.

Moscardelli's own lengthy court battle destroyed what was left of her relationship with her ex-husband and hurt their children.

"It's really the kids who lose out in all of this," she said.

The group would also like to see greater accountability measures placed on family law lawyers, some of whom draw out cases to make more money, she said.

"(Some lawyers) look at it like, they don't make money resolving cases," she said. "It's a huge moneymaking system."

Canie said the system also creates undue stress for families. His court proceedings have affected his health. He now regularly takes blood pressure medication and sleeping pills so he can rest at night.


"The stress is unbearable," he said.

Canie said people who can't afford lawyers find themselves lost in a pile of complicated paperwork.

Even those who can afford a lawyer sometimes can't find one to take on their case, he said.

"Individuals just don't know what to do," he said. "They don't know where to start."

The group will host a public meeting Sept. 8 from 6 p.m. to 9 p.m., at the Sarnia Library downtown.

They're encouraging people to come out and share their stories. The group has already sent letters to Attorney General Chris Bentley, Ombudsman Andre Marin and Law Society of Upper Canada asking each to take action.

"We need some change because the current system just isn't cutting it," Moscardelli said.

For more information log on to canadiansforfamilylawreform.com. The group is also on Facebook and Twitter.

http://www.theobserver.ca/ArticleDisplay.aspx?e=3276561#.TltZwcl8e6M.blogger