timberland boots outlet Judge makes emotional plea for family court sanity
Pity the children.
Another family court judge has come out swinging against warring parents who waste money and court time taking their squabbles before a judge. In the latest instalment, Newmarket Superior Court Justice Heather McGee slammed a York region couple who together spent a $65,000 in legal fees just for an urgent motion to decide where their daughter should go to school.
aside the question of costs, can one even imagine the stress on a young child who doesn know where she will be going to school, let alone where she will be living and whether she will have enough time with each of her adored parents? parents separated in August 2016 but continued to live together in their matrimonial home.
all accounts, continued joint occupancy had brought out the worst in each, wrote the judge. parent was jockeying for position, and absolutely fixed in his or her view of the best outcome.
father wanted nothing less than parenting and the mother was determined to have sole custody with a traditional access schedule to the father. a new school year approaching, the mom announced that she wanted to transfer their daughter to a new school far from their home to coincide with her plans to relocate to another part of the GTA. The judge called it a to anchor claims for custody. father, not surprisingly, was strongly opposed.
As the judge explained, children of separating parents usually continue at their same school unless parents agree otherwise.
only intervene in unusual circumstances, or when there was no prior enrolment, McGee noted. this an unusual circumstance? Not really. voluminous litigation filed by both sides amounted to 11 thick volumes, including the mom opus three volumes of supporting materials including one devoted to surveillance photos of their garage.
to prove that the father was not at home when he said that he was. Really,
the judge noted, her words dripping with exasperation.
After a number of scheduling errors, the judge agreed to hear the urgent motion on Sept. 1. Siding with the dad, McGee ruled the daughter should continue at her local school for the upcoming year.
Then came the question of costs. As the successful party, the father wanted his ex to cover his legal bill of $28,035; mom had already spent $37,509 on lawyers herself.
have I received Bills of Costs on a school placement motion reaching these levels, McGee wrote. can easily go on imagining better uses of the funds. judge ordered the mom to cover $22,500 of the dad fees. In all, she have spent $60,000 in after tax dollars to pursue her angry fight. And the couple hasn even reached the trial part of their bitter custody battle.
conflict family law litigation must be sanctioned early and sanctioned often, McGee wrote. in transition crumble under the costs of high conflict litigation. Few ever fully recover from its emotional toll. High conflict must be a last resort. And when used, used sparingly. yet another plea for sanity from the family court bench, one made often by outspoken Justice Alex Pazaratz.