LEGAL SYSTEM UNFAIR, DADS SAY

The Brockville Recorder, By: Ronald Zajac

PERTH, ONTARIO

A dozen demonstrators marched in front of the Perth courthouse Tuesday, charging the legal system is stacked against fathers in child custody and child support battles.

The group, which included at least two women, carried placards bearing slogans like "Access Denial is Child Abuse," "Young Offenders are Fatherless Kids" and "Deadbeat Judges Should be Fired."

They belonged to a handful of groups fighting for reforms in the way the courts deal with non-custodial parents, who are mainly fathers. The protesters came from as far away as Cornwall and Toronto.

Organizer and Perth resident Brett Peters said the demonstrators plan to take their fight beyond the local area. "We intend to be at a town near you soon," he added. The demonstrators took aim at federal laws setting out how much non-custodial parents must pay in child support.

They also accused judges of widespread gender bias and allowing women to commit perjury by falsely accusing fathers of abuse. Peters, founder and president of an eastern Ontario group called FARE (Fathers After Rights Equality) said divorced fathers have been unjustly portrayed as "deadbeat dads" who try to get out of paying child support.

He said many fathers end up living in poverty after paying for support and costly court battles to clear their names. "We are not walking wallets," he added. Peters, who said nearly half his group's 198 members are women, stressed the protest was more about rights than gender. "This is not a gender war," he added. "We're divorcing each other; we're not divorcing our children," he continued. "They're being made pawns in a cruel game." Peters said the demonstrators were not targeting their protest at specific judges or lawyers, but added class-action lawsuits against some judges, lawyers and ministers may be in the works.

Stacy Robb, head of the Toronto based DADS Canada (Divorce And Defence Strategies Inc.), said the federal government's Bill C41 puts an unjust financial burden on the backs of non-custodial parents. Add-on clauses to the legislation allow the courts to hit non~custodial parents for such things as their children's summer camps, day care and other activities, protesters argued. They add children also suffer when they can't get access to their fathers and grandparents.

"Non-custodial parents don't get a fair break and these are the ones who are paying for it," Robb said, pointing to a small child in a wagon accompanying one of the demonstrators.

Greg Kershaw, founder of the Toronto-based FACT (Fathers Are Capable Too), said mothers can resort to such court tactics as alleging a father is abusive or alcoholic. The judge will then restrict the father's access to his children while the allegations are investigated, he added. They are often very hard to disprove, he continued.

In other cases, he said, mothers have been known to accuse men of under-reporting their income; they charge the men are working "under the table," prompting judges to boost the amount the men must pay for support.

Kershaw said the demonstration was called after former justice minister Allan Rock shrugged off protesters before the June election, arguing judges are responsible for applying legislation.

Brockville lawyer Michael O'Shaughnessy, who has represented clients on both sides of the battle, said he supports the legislation. "We've needed some legislative guidance in the area and we're getting that," he said.

He said C41 sets out how much non-custodial parents must pay based on their income. It does not take into account the receiver's income, he added, and it isn't tax-deductible.

"The people who receive support rarely feel that it's enough and the people who pay support feel that it's too much," he observed. He added both mothers and fathers are capable of committing perjury, but such acts rarely lead to charges since the facts are rarely black and white.

While he has won custody battles for a number of male clients, O'Shaughnessy said judges still tend to favor mothers. He believes the evidence usually supports handing children to their mothers. He added the majority of custody battles are settled amicably.

But some of Tuesday's protesters were clearly fed up with the common portrayal of men as abusers and irresponsible parents. "The white male is a fourth-class citizen," said Smiths Falls resident Carl Simpson, who added a protracted custody battle and child-support payments have reduced him from a middle class existence to near-bankruptcy.

"You're buried alive in legal fees constantly," added Cornwall resident Al Picard, who said he hasn't seen his four-year-old child in two years.

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