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Ottawa Citizen

Pickets make the point with 'deadbeat' judges

People are going to be picketing "deadbeat judges" in Perth Tuesday, and if it bothers them, they can blame it on former justice minister and now health minister, Allan Rock. It's all part of a growing demand for speedy changes to Ontario's family courts, and suggestions they should be shut down.

The definition of a deadbeat judge comes from Stacy Robb of Toronto, who three years ago founded DADS Canada (Divorce and Defence Strategies). "They (family court judges) don't read the files. In one jurisdiction (in Southern Ontario), you have to make an application to get your file read."

Tuesday's co-ordinating group was formed by Brett Peters of Perth, and is called FARE (Fathers After Rights Equalization). A strong contingent from Toronto-based FACT (Fathers Are Capable Too) is expected. It has a membership of more than 200. Although all of these groups claim they will try to help any woman caught in the same system glitches, they are mainly male.

Their definition of a deadbeat is anybody who doesn't do an assigned task properly. Aside from failing to read files prepared at great cost in time and money, family court judges don't use perjury laws. Women are seldom arrested for breach of court orders. Mr. Rock's involvement came about during the federal election in June, when members of these groups picketed his Etobicoke Centre office with signs like: "Access denied is child abuse." The candidate told the protesters they were in the wrong place. His directions were picked up and quoted in a suburban newspaper: "You should be picketing judges."

A year ago, men from these groups picketed the home of a "deadbeat mom" in Mississauga. The father was not in support arrears, but she was denying access. The protest got national attention and forced a judge to have the woman charged with contempt of court. She was given a five day jail sentence.

Mr. Robb, a former truck driver, says he's a victim of poor court work. 'I called to ask about the welfare of my children, and wound up charged with criminal harassment. My file wasn't read. I felt so harassed by the system, that I decided to harass back." Dads Canada offers a paralegal service, doing divorce legwork for $60 an hour. It collects the paperwork, and when the file is complete, the client takes it to a lawyer. It's a cost-cutting service offered to mothers as well as dads.

Ottawa lawyer and former law professor Evita Roche says changing the system "is like turning the Queen Mary." Everybody knows it's going to happen, but it's slow. Meanwhile, her approach is to try to change public attitudes. She holds family law seminars with the intent of steering divorcing couples away from family courts. She considers herself "in recovery." With 18 years in family law, her thought processes were shaped to fit the system. 'When I went to law school, we were taught nothing but litigation. I have seen the cost of separation and divorce escalate needlessly over the past few years. I'm trying to do something about it. "Family law isn't rocket science. Ninety per cent of the time things can be worked out." A judge is needed only to declare the marriage dead. How does she see the family law court of the future? "I hope there won't be one."

Years ago, my criticism of family courts resulted in a challenge from a lawyer: "Find a better system. " My views haven't changed. If children are involved, there is need for speed. A tribunal, made up of a lawyer, a financial manager and a child care specialist should make immediate rulings. Lawyer Roche said yesterday those thoughts appealed to her. Pilot projects, called Unified Family Courts, have been running in other parts of the province. They would get matters resolved with fewer trips to court.

It could be like putting faster engines in the Queen Mary, when maybe it's time to scrap the thing. The Roche seminars will be held tomorrow and Saturday and cost $187.25. She says that's about seven hours of her time for the price of one. She usually gets a good turnout of people who work in the marital breakdown field, but believes more couples should study the updated rules. Resolve the issues by using lawyers as mediators, not litigates. She's at 237-7335. FARE is at (613)267-4950. DADS Canada (416)410-3237. FACT (416)233-3911.


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