Name:
Location: Vancouver, British Columbia, Canada

I am a divorced father of two working as a software engineer. As my kids are younger, I spend a lot of time planning my visits and organizing my time around that.

Saturday, September 25, 2004

Legal Aid

I was reading an article in Thursday's paper about the reduction in legal aid funds, and the impact that this is having on lower-income women, and their battles for custody of their children.

It was a disappointing arcticle in a variety of ways. Although I agree that the legal process is an expensive and terrifying venue for most, even with legal representation, I question some of the motives of the groups complaining.

According to Geoff Plant (Attorney General), the legal-aid funds were encouraging litigation between couples, rather than other, less adversarial mechanisms. I would tend to agree with this statement, especially from my own experiences. My (now ex) wife, upon receiving representation through the legal-aid process, stated unequivically that she now had a lawyer and was going to 'kick my ass'. I believe that the use of lawyers in family disputes increases the animosity between couples, who realistically are attempting to achieve balance, for the sake of the children. The courts do not care about the children.
My ex-wife was not represented in our court proceedings. The judge took that into consideration and at no time did I feel that she was at a disadvantage. In fact, she had the advantage as I was represented and the judge sided with her in the proceedings, read that I lost big-time.

The whole process is flawed. The article cites that women are losing their children due to lack of funding. Huh, their children? Since when are the children born into a relationship solely the responsibility of the women. Excuse me. I am a far superior parent than my wife, but situation has so far not permitted me to be the primary guardian of my two children. Women do not have any natural pre-disposition to being parents. They lost their children to the fathers who, in the eyes of the court, were better parents and could better fufill the needs of the children at that time.
I personally do not see any issues with that whatsoever. I believe that this evaluation should be done outside of the courts however. I believe that in the context of a contested custody battle, that an independent evaluation is done and the working-custodial arrangement is decided based on that evaluation. I also believe that it should be enforced, without having to go to court.
I had to go to court just to have my rights to see and to be a part of my children's lives maintained. I still have difficulties, despite the court order. So do other people.

I believe that my (ex) wife is mentally ill. But this does not appear to factor in to anything. She has never been evaluated, and never will unless she does something overt which harms the children. She does not that, but harms the children in a variety of ways which are just as damaging, but not direct. At this time she denies the children contact with their maternal grandmother, phone or phsyical contact, she blocks and reduces my contact and access and is constantly advertising her anger and hatred of me to the children. She has encouraged the children against school, and has not taken appropriate measures to maintain their care.

No one cares. No one listens. There is little, if anything I can do to change any of this. I have gone the full distance through the courts and there is not much further I can do. I have to just work with it, time will tell, but so far it has not worked.

So, in conclusion, power to you, drop legal-aid for family 'squabbles'. However, take that money and try and make some changes which help, not hinder fathers and their attempts to have a good relationship with their children. It matters.