Happy Holidays from Abbotsford
It has been a busy year educating Canada about parental alienation. Thank you and happy holidays to so many wonderful people who encouraged me to keep writing and fighting for our children.
~ Kevin Pedersen
Warm Holiday Advice From PAAO
Enjoy Your Children, Even Though December Increases Divorce Conflict
As usual, this year’s December holidays are still a period of intensified conflict between some separated or divorced parents, as they try to prevent holiday visits with the other parent. This is true child abuse in the regular, ordinary meaning of the words. And here in British Columbia, this type of abuse was discovered to be violence against children this year, in the British Columbia Supreme Court case of M.W.B. v A.R.B. .
The wonderful folks at the Parental Alienation Awareness Organization (PAAO) have always said we should enjoy holidays with our children, if we get a chance to see them and not worry about the time or the day. One way to share Christmas is to spend noon on December 24th till noon on December 25th with one parent, and noon on December 25th till noon on December 26th with the other parent. One parent gets December 24th every even year, the other every odd year. But if you don’t have a court order like that, then you can always celebrate a couple weeks before or after your holiday.
And if your parenting time is interfered with…? First tell someone, so you are not alone. Try to find other adults to spend the day with. And use your memories of previous fun times you had with your children to enjoy them anyway. Sometimes alienators will restart parenting time after the holidays. Have a holiday party then to show kids how to adapt.
The Race Towards Equality
Canada’s Equal Shared Parenting Bill C-560 vs A Charter Challenge
I am happy to see Canada’s Private Member’s Equal Shared Parenting Bill C-560, but saddened that it is not the Prime Minister’s own bill. I am also saddened not one of Canada’s ten provincial Ministers of Justice, or three territorial Minister’s of Justice, or even Canada’s Federal Minister of Justice have upheld the Constitution of Canada or stood up against this abuse of children. This should be Canada’s Equal Shared Parenting Bill, since we all agree children need both fit parents, even more so after family breakdown.
As for my own Charter Challenge, it is relatively simple. A Mom in both British Columbia and New Brunswick were given many months to rehabilitate their parenting. The process of giving parents a chance to rehabilitate themselves has been reviewed by the Supreme Court of Canada, our National Court of last resort, and was approved in 1999.
Parenting is very hard work. But parenting is made harder for fathers who are never given the legal chance to rehabilitate themselves. Besides not providing equal protection under the law, the practice of never or rarely giving parents a chance to rehabilitate themselves, let alone to be able to legally parent equally is a violation of children’s right’s to life, liberty, and security of person and to know and be cared for by both fit parents. There has been 30 years of research proving that dual parenting helps children – even after separation. Every judge in Canada has been ignoring the clear, and convincing implications of New Brunswick v. G.(J.).  for the last fifteen years – that it is a violation of Canada’s Constitution and of everyone’s rights, and especially children’s rights, to withhold a child from parenting time with a fit parent, merely for bureaucratic reasons. In G.(J.).’s case, the Court told her, she had not filled her paperwork out properly, refused her a lawyer, and withheld her parenting time from her children for an additional half a year, over nothing but paper work. The Supreme Court of Canada ruled G.(J.).’s case was a violation of Section 7 of the Canadian Charter of Rights and Freedoms, which states everyone has the right to life, liberty, and the security of person, even children.
There are parallel fact patterns in any Canadian divorce where children are denied one parent’s equal parenting time while legal paperwork is being done, but no clear child safety issue is present. In any Canadian divorce where a father had been parenting half of each week for 20 years, and their children are growing strong, it would be hard to argue that any child safety issue existed or that the judge held any discretion that would allow their children to be ordered anything other than equal, shared parenting.
Canadian judges have been failing to uphold this law, which they are bound by, failing to be the Guardians of the Charter, and failing to be the Parents of our Nation as is their fiduciary duty towards our children. As Emmett Macfarlane said on Twitter on December 14, 2013:
If a law infringes the Constitution, a judge should say so and strike it down. Simply choosing to ignore the law is an impeachable offence.
Canada’s Divorce Act Violates Our Canadian Constitution.
50/50 Equal, Shared Canada Child Tax Benefits
At first I was amazed to be one of the first father’s I know to be supported by Revenue Canada in attempting to collect ten year’s worth of back payments towards our children’s entire childhoods without Canada’s support at Dad’s house. Then I realized why.
Since the Canada Child Tax Benefit is income dependent, getting my former spouse to pay back half her tax credit and then sending a small portion on to me, will be a net gain for Revenue Canada. This is why they are so eager to make a ten year claim, because most Canadians owe taxes, and will not be collecting a ten year refund. On the bright side, Revenue Canada is the only agency that ever fought for our children’s interests besides me by myself.