Tuesday, June 9, 2009

Court punishes woman in alienation case

Mother, who lost custody of her three children last year, must pay $250,000 in court costs

Kirk Makin

From Wednesday's Globe and Mail,

A 42-year-old Toronto woman who spared no effort to alienate her three daughters from their father has been ordered to pay court costs of $251,641.

“I can only characterize the costs incurred by the father as a litigant's worst nightmare,” Ontario Superior Court Justice Faye McWatt said Tuesday. “No litigation of this sort should ever have generated this kind of cost if the parties had any common sense or reasoning powers.”

The father, a 56-year-old vascular surgeon, had originally claimed $557,719. Although Judge McWatt awarded less than that amount, she pointed toward the mother – known as K.D. – as being the culprit in the runaway litigation.

“The mother's behaviour has amounted to bad faith,” Judge McWatt said. “In addition to being contrary to the best interests of the children, the mother's contemptuous actions toward this court required the father to go to extraordinary and unnecessary lengths – at great expense – to address the damage she caused.”

Last year, Judge McWatt ordered that the three girls be seized, sent to a parental-alienation centre in the United States for deprogramming and prevented from communicating with their mother. The children – aged 14, 11 and 9 – now live in the sole custody of their father.

On Tuesday, Judge McWatt said that K.D. has refused her order to obtain therapy. In violation of another order, Judge McWatt said that, “there have been surreptitious efforts by members of the mother's family to contact the children and undermine their relationship with their father.

“The future of children is of utmost importance to courts everywhere in Canada,” she said. “This case was of particular note in the context of family life after separation. The issue in this case is potentially significant in many custody and access cases presently before the courts.”

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6/9/2009 10:55:19 PM
Hopefully this will send a strong message to parents who alienate their children. its clear from this article not only the mother but the extended family were participants which is not unusual. Hopefully the children will have an eventual loving relationship with both parents but until there are assurances the alienator can keep control and not manipulate the girls she should be restricted.
6/10/2009 6:37:40 AM
Human societies have a long history of child sacrifice. This is our version. We sacrifice lives to the high priests and priestesses of psychological theories. In this era, pas/pa/a theories which have grown from the mind of a dead psychologist who happened to be a defender of child sexual abuse, are trying to rule. I wonder what the critical mass of destroyed lives is-for alienation theories. Guess Canadians ,in general, don't know about the inadmissability of alienation theories (at least in U.S.) Guess the press doesn't either. Guess few know of Joyce Murphy's testimony last week -in California-nor do many know of Jennifer Collins, and the thousands and thousands of children they -"represent".United Nations latest Council on Human Rights ? Lawsuit against the U.S. government ? Judges recused ? (in U.S.)Guess we have to reach critical mass first. Can anyone pronounce the word -appeal ? Perhaps the mother hasn't been destroyed enough-nor the children. Sacrificial lambs.
6/10/2009 7:11:10 AM
Human societies have a habit of eating up the planet. Much has already been destroyed. Eating the children now almost seems 'acceptable'. Parental Alienation has been a way to do it. Judge McWatt is one who understands predatory behavior unleashed. Its a great day when justice is served. So much for sending a message. Overcoming DENIAL is an individual matter and comes often at a precious price. These children are lucky to have the father and the judge they do. How could this have taken as long as it has?
6/10/2009 10:06:47 AM
You will note Cold North Wind is a non-believer in PA. Also she equates this case to child sacrifice. I have always wondered about the mental health of these deniers. She is of a group of Victim Feminists who have swallowed a doctrine first spread by a Law Student at a California University about the non-scientific basis of Parental Alienation Syndrome. Understand this is a law student not a scientist. Why is it that Law has such a badly tarnished reputation? There are many reasons one of which is having law students, who know nothing about science, telling her victim feminist sisters Dr. Gardiner's theories aren't scientific. It is, however, accepted by all courts in North America as science. Yet you find this person, and others of her ilk, trolling comment boards spouting the dogma which defies common sense. We can conclude these people, therefore, lack common sense. We can also conclude because of their denial they are enablers of child abuse and probably practitioners. They have one thing in common. Everyone of them wishes to remain anonymous. Do you ever wonder why that might be?
6/10/2009 11:07:51 AM
Instead of having to pay, she should have to spend time in a mental institution or jail. Hopefully this type of ruling will become more common.
6/10/2009 11:29:46 AM
RLamont: agreed. She should be facing more than dishing out money for the abuse of her children. She obviously has mental health issues and they need to be addressed. MikeMurphy, don't blame feminism for this PAS denial. You're just tarring the wrong group. It is clear that Cold North Wind is far from being a feminist - he/she is most likely some first year arts degree student and has an alienating-parent friend with whom he/she sympathizes. The whole "child sacrifice" spiel just reeks of a lack of life experience.
6/10/2009 12:30:06 PM
KS: I don't want to rain on your parade but it is indeed a very organized and willful victim feminist effort. If you think today's feminism is about equality that ended 20 or more years ago. Today it is about victimhood and the war against the patriarchy. If you are a man you are the enemy of these victim feminists. Some of them even call themselves maternalists. Its the same thing using a different term because its about motherhood. How can you argue against that hey? They are female supremacists full of hate toward men. Cold North Wind hangs with many of the latter. I know them well. The Internet is rife with these types. Check out their blogs. You are in for a wake up call. You haven't yet experienced their vindictiveness and their willingness to lie, cheat and smear anyone who disagrees. I am one of the most experienced in dealing with them. Do some homework but you are on the mark in seeing they are "out to lunch."
6/10/2009 9:43:27 PM
The courts enable PAS by awarding sole custody. In fact, sole custody is far more pervasive and does far more harm than PAS.

The family court giveth, and the family court taketh away. In the vast majority of cases, the family court has no business doing either. "Bad cases make bad law" because they tend to spawn rules that are later used to abuse ordinary people. All of family law is based on bad cases, apparently, and it is all abusive to human rights. The very idea that the government has any business interfering in the family comes down to us from a time before democracy and self-determination.

It takes a rare bad parent to be a worse parent than the government, but the government seizes parental rights with no responsibility. The court does harm and suffers no consequences. The court becomes a disastrously bad parent to parents and children alike.

It is astonishing that we go on living with the jeopardy that the incompetent courts will interfere in our family life, making us bitter enemies, when the children most of all need both parents fully available with peace and security in the divided family after separation.

Equal parenting, equal parenting, equal parenting. If the courts were stripped of the power to blunder into the family, we could apply a medical model to helping the innocent victims of divorce (which is almost everyone involved). We might actually be able to minimize the bad cases instead of making them worse.

Polls over the years have shown that the people want equal parenting at the 80 or 90% level, so why can't we have it? The answer is fear, myths, and inertia. The fear comes from government-sponsored feminist campaigns to terrorize us about domestic violence that is actually on a declining trend, and done about equally by both sexes. Most of what you think you know about DV is a myth. The inertia comes from people not knowing how to get change against the resistance of the establishment.

Get political! Support equal parenting!
6/11/2009 11:20:15 AM
I commend Judge McWatt's discissions on this sad case and also the father's admirable dedication to his daughters. It is a shame however that it had to go this far. The years that have gone by with the girls suffering at the hands of their mother will never completely heal, though they may have received some help they need in the recent past, the years prior to that implanted negative emotions and ideas that may take years to surface. It shouldn't have gone this far. It saddens me to hear these stories knowing that in the end nobody wins in the family, everybody looses something. Family Laws need to change, everyone involved in any respect knows this. It is time to step up to the plate and work together to stop this type of child abuse - Parental Alienation- from happening to children long before it gets to the extreme as in this case.
It is time for people to take their heads out of the sand and address these issues head on, enough is enough. Government mandated education is needed in all areas dealing with children, including the parents, educators (schools), therapists, the Courts and all aspects of the family law system, law enforcement...everyone. If they could be educated on how PA operates I am sure we would see a huge shift in how things are handled by all.
Children need both parents in their lives, unfortunately that may not always be possible due to one parent's inability to put their children's best interesta ahead of their own, in that case they need to be with the better parent without doubt and only hope that the other parent eventually recognizes the need to change their behaviours. The Family law system needs to adopt equal shared parenting as fast as it can be put into place to help prevent 1000's more children being subjected to this awful form of emotional and mental child abuse. Everyone should get involved, lobby your MP's, do anything you can to spread awareness and education. This is far too wide spread to remain on the 'to do' list any longer

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