Canadian Children's Rights Council - Conseil canadien des droits des enfants
www.CanadianCRC.com

Canadian Children's Rights Council - Conseil canadien des droits des enfants

Child Rights - Virtual Library, Resource Centre, Archives and Advocacy
Parental Alienation

Parents who brainwash and poison their child's mind in family law disputes.

Family Law Reform

A child's right to be parented by both parents.
Equal Parenting

Child Identity Rights

Paternity Fraud
Adoption
Egg / Sperm Donors
Human Identity

Corporal Punishment

Repeal section 43 of the Criminal Code of Canada which allows assaulting children.

Silenced Citizens

The report of the Senate Committee on child rights implementation.

Female Sex Offenders

Our most visited webpage. Female sexual predator awareness.

hands
Virtual Library of Newspaper Articles

The Globe and Mail

FAMILY LAW

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, by KIRK MAKIN, JUSTICE REPORTER, 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."

In an interview yesterday, Prof. Bala said that parental alienation cases should be streamlined out of the court system as rapidly as possible and given to individual judges to "case-manage," a system in which a single judge handles a case all the way through the courts.

He said this would allow the judges to learn their cases' nuances and press for resolution.

"The increase in court cases is dramatic, and they do take up a lot of court time," he said. "A family may appear in front of 10 different judges before they get to a trial, and each judge starts afresh. If you are dealing with people who are manipulative, they can drag it out."

"It is important for the justice system to take an early and firm response to alienation cases," his study concluded.

"Alienation cases can change over time from mild to more severe. Early intervention is more likely to be successful."

The study also urged the justice system to enforce access orders more rigorously for the sake of its own credibility.

It said that the relatively lax enforcement of access - an issue that primarily affects fathers - contrasts sharply with zero tolerance policies in domestic abuse cases and enhanced enforcement of child and spousal support orders.

The juxtaposition can convince fathers that the system is biased against them, Prof. Bala said.

"Just as feminists have some very important and valid criticisms of the family justice system, so do fathers' rights advocates," he said.

The study also took issue with the much-publicized concept of Parental Alienation Syndrome, arguing that it is neither a recognized syndrome nor a useful description of what is actually a complicated set of behaviours.

The study said proponents of PAS err in painting all alienation scenarios as negative.

In half of the cases where a judge had declined to make a finding of parental alienation, it said the child was "understandably estranged from the rejected parent due to abuse or poor parenting.

"The 'justifiably estranged' child rejects a parent due to experiences of abuse or neglect, or due to poor parenting that may be the result of drug abuse or mental health issues or a simple lack of warmth as a parent," the study said.

Prof. Bala concluded that the term "parental alienation" and the debate itself have been hijacked by two hopelessly polarized groups, fathers' rights activists and feminists, who each produce a simplistic narrative.

"Men's rights activists are claiming that it is becoming increasingly common for mothers to alienate children from their fathers as a way of seeking revenge for separation, and assert that courts are gender-biased against fathers in dealing with alienation," he said.

"Many feminists dismiss alienation as a claim fabricated by abusive fathers to maintain contact with children who are terrified of them, and control over the lives of their abused former partners."

Prof. Bala said that the notion of parental alienation syndrome, coined in 1987 by U.S. psychiatrist Richard Gardner, is falling steadily into disrepute.

"Although initially influential with mental health professionals and in the courts, Gardner's work was highly controversial," he said in the study.

"It is clear that some children are 'alienated' from their parents, but it does seem not appropriate to refer to this as a 'syndrome.'

Gardner's approach is now generally regarded as overly simplistic and biased against women."

Family Law - federal and provincial / terr. Family Responsibility Office - Ontario Telephone Numbers New Child Support Guidelines Canada - 31DEC2011 Canadian Family Law History Special Joint Committee on Custody and Access 1998 Fatherless Canada Child Relationship Support Child Financial Support Collaboratice Law and and Social Workers Children's Rights in Family Law
U.N. Convention on the Rights of the Child (UNCRC) UN Convention on the Rights of the Child (UNCRC) (1989) UN Declaration of the Rights of the Child (1959) UN Convention on the Rights of the Child - 1st Optional Protocol - Children Armed Conflict - Canada's Reports UN Convention on the Rights of the Child - 2nd Optional Protocol - Sale of Children, Child Prostitution & Child Pornography - Canada's Reports UN Convention on the Rights of the Child - 3rd Optional Protocol - Complains Mechanism Canada's 3rd Report to the U.N. Committee on the Rights of the Child - Due 2009 Canada's Report Involvement Children Armed Conflicts to the UN Committee on the Rights of the Child - May 2006 - 42nd Session Canada's 2nd Report to the UN Committee on the Rights of the Child 2003 - 34th session Canada's 1st Report to the UN Committee on the Rights of the Child 1995 - 9th Session Government of Canada's
Plan of Action - 2004
UN Convention on the Rights of the Child - Application in Canadian Courts U.N. Study-Violence Against Children Canada's National Child Day - Gov't Obligations to Educate the Public Fetal Rights and the UNCRC Scholarly Submission
Senate Committee - Child Rights Implementation Senate Hearings on the Implementation of Child Rights in Canada Interim and Final Reports of the Senate on Child Rights Senate Hearings on the Implementation of Child Rights in Canada Senate Hearings on the Implementation of Child Rights in Canada Senate Hearings on the Implementation of Child Rights in Canada
Women & Men Reproductive Choice About Pro-Choice
Parental Alienation Syndrome Parental Alienation Overview TV Shows About Parental Alienation Newspaper Articles about Parental Alienation Parental Alienation - Canadian Court Rulings Parental Alienation Court Rulings - US and other countries Parental Alienation Studies and Research Parental Alienation Awareness Day - April 25 Books About Parental Alienation Parental Alienation - Documenting The Evidence Parental Alienation - Using a Parenting Coordinator About Parental Alienation Parental Alienation - What Canadian Health Professionals Are Doing About It. Parental Alienation Dos and Don'ts Certain Feminist Organizations Deny Parental Alienation Exists
Infanticide / murdering children Murder / Homicide of Children / Youths - Statistics Canada Mothers who kill their children Infanticide - Criminal Code of Canada Offence UN and Canadian Children's Rights Council position
Newborn Baby Abandonment Laws Child Abandonment Laws
Scholarly Submissions University &College About Submissions Read Submissions
Child Identity Rights and Paternity Fraud Child Identity Rights In Canada Child Identity Rights - Frequently Asked questions (FAQs) Baby Naming Case - Supreme Court of Canada Paternity Fraud CBC Sunday - TV Show on Paternity Fraud in Canada Infidelity NON-Invasive Prenatal DNA Paternity Testing Paternity testing Paternity Blood Type Chart - disprove paternity Two Opposing Judgements on Paterntiy Fraud from Ontario Courts Mandatory paternity testing - Position Statement by the Canadian Children's Rights Council Liam Magill - High Court of Australia Paternity Fraud case Paternity Fraud- Criminal Code of Canada Finding your birth parents
Children & Sex - Age of Consent Age of Consent for Sex in Canada Children having children - Teen Pregnancies
Child / Youth  Criminal Justice System Youth Criminal Justice Act (YCJA) (2003) Read the Act YCJA - History of the Bill, Briefs, testimony, Parilamentary Transcripts YCJA - Background Information- Canada's Department of Justice Youth Criminal Justice Youth Crime in Canada Youth Jails in Canada Supreme Court of Canada - Youths Charged as Adults - May 16, 2008
Canadian Children Living in Poverty Child Poverty In Canada Homeless Children in Canada Aboriginal Child Poverty
Adoption and Human Identity - Birth Parents Adoption News Birth fathers ignored Adoption Laws Finding your birth parents New Brunswick's Adoption Success
Corporal Punishment Hitting and Spanking Assaulting children to discipline them - Corporal Parenting Experts about Corporal Punishment Most Developed Countries Don't Allow Corporal Punishment of Children International SpankOut Day April 30th Canada-Wide Campaign to End Corporal Punishment fof Children
Circumcision - Genital Mutilation - Male & Female Circumcision / Genital Mutilation TV Show - Rabbi Baruch Frydman-Kohl / Beth-Tzedec Position Statements - Medical Associations on Male Circumcision Circumcision - Research Penis Foreskin Important Sensory Mechanism Circumcision and Rights of the Child
Child Abuse and Child Protective Services Nova Scotia Home for Colored Children - Systemic Racism - Sexual Abuse - Child Abuse - 1921-1989 Child Abuse / Neglect Overview Canada Statistics Parent Abuse committed by Youths Child Hate Crimes Shaken Baby Syndrome The Invisible Boy: Revisioning the Victimization of Male Children and Teens 1996 - Health Canada Female Sex Offenders / Female Sexual Predator Awareness Karla Homolka - Child Killer and Sexual Predator Parental Alienation Butterbox Babies Canada's Aboriginal Residency School
Bullying In Schools in Canada Bullying - Info for Parents Bullying Study Shows Canada has Too Much Bullying Bullying in Ontario Schools / The Safe School Act 2009 Bullying in Ontario Schools / Parent Lawsuits Against Schools Bullying by Girls in Schools - Female Aggression
International Child abduction - Hague Conv. Hague Convention on The Civil Aspects of International Child Abduction - Order or Chaos 400 Canadian Children Abducted Yearly Canadian Parliament Report on International Child Abduction Royal Canadian Mounted Police Statistics on Child Abductions Hague Convention Child Abduction Central Authorities in Canada MP Larry Miller Lobbied Judge Hearing Child Abduction Case
Education About Child Rights Educators Teaching democracy
UN - Rights of Persons with Disabilities - 2006 About the UN Convention for the Rights of Disabled Persons Read the UN Convention for the Rights of Disabled Persons
Special Days of the Year - Mark your Calendar April 25 - Parental Alienation Awareness Day April 30th - International SpankOut Day June 21st - Canada' s National Aboriginal Day August 12th UN International Youth Day November 20th - Canada' s National "Child Day" - Gov't Obligations to Educate the Public December 3rd - International Day of Disabled Persons December 10th - Anniversary of the Universal Declaration of Human Rights
Child Care and Early Childhood Education Early childhood education and care Corporate Early Childhood Education and Care Newspapers Articles, Papers and Studies on Early Childhood
Universal Education of School Age Children Ontario, Canada discriminates by publicly funding certain religious schools Grade school University / College
Universal Child Health Care Services Child Health Care
Misc. Topics Relating to Child Rights Child and Youth Suicide Statistics for Canada Anorexia Nervosa ADHD-Ritalin - Canada Children Smoking - Lung Cancer, Children, Youth and Teens in Canada