Our highly rated* and respected BC family lawyers feel that BC Parental alienation is the cruelest form of family violence. While spouses may not stay together forever, our BC parental alienation lawyers know that “parents are forever”. We do not believe, a good parent in all other respects, is a fit and proper parent to have primary residence if they are a naive or active alienator. We are also aware that while parental alienation is often alleged it is less common than one would think. Enmeshment and estrangement are concepts we carefully explore in these type of cases. When this insidious form of malevolence involving a child appears prompt action is required. Our BC Parental Alienation Lawyers will aggressively pursue intervention by psychologists, through judicial interviews of the children and reunification therapy to protect children from becoming unwitting victims.
If you think you may be a victim of parental alienation watch Lorne MacLean, QC explain it in this short video he stars in on Family Matters TV. He leads a dedicated team of BC Parental Alienation Lawyers who are familiar with both sides of this dilemma.
Parental Alienation Should Not Be Tolerated
In a recent judgment of Mr. Justice Harvey in L.D.K. v. M.A.K., 2015 BCSC 226, a father’s custody and guardianship of his two teenage children was reversed with the entire family being enrolled in a family reunification camp by court order. Any status quo arrangement resulting in one parent being estranged from a child is vulnerable to judicial intervention where alienation can be proven. Five lessons can be learnt from this recent case:
- Final orders, including consent orders, are NEVER permanent where children are involved.
- That the best interests of children are viewed by the court in the long-term not the short-term.
- That an expert report on alienation, that does not involve interviewing the children or both parties, is useless.
- That failing to be part of the solution makes one part of the problem.
- There is more than one way to get a child’s views before a judge.
BC Parental Alienation Lawyers Must Act Quickly
If a person and their ex-spouse enter a consent order regarding parenting arrangements, that order is not written in stone. While not explicitly referred to by the trial judge, section 47 of the Family Law Act and section 17 of the Divorce Act both allow the court to vary an order regarding parenting arrangements if the variation in the best interests of the child and that there has been a change in the child’s circumstance. Where the parties agree to shared parenting and the child votes with his or her feet to live exclusively with another parent,L.D.K. stands for the proposition that the court can return the child to the estranged parent. In the case, the change in guardianship was accompanied by an intensive family reunification therapy program. Lorne MacLean, Q.C. has regularly obtained 50% parenting time for his clients where alienation was at play. An alienated parent can regain their relationship with their children but one needs to prove that reunification is in the best interests of the child.
Where a child is adamant that they do not wish to see the other parent, the child’s wishes are irrelevant if it is in that child’s best interests to be reunited with that parent. The court looks at the long-term benefits of the relationship, not any short-term discomfort or inconvenience when determining a child’s best interests. The courts have found in this case and in many others that a child’s inability to have insight into their estrangement from one of their parents is sufficient reason for the courts to intervene and reunify the child with that parent.
An expert report by a psychologist on parenting arrangements, commonly referred to as a “section 211” report, requires interviews with the children. Getting consent from the other parent to participate in a 211 report is likely impossible if one is the alienated parent. Hiring a psychologist to write a report on alienation that does not involve interviewing the children is not worth the paper it is printed on because the courts will give such a report very little evidentiary weight. An alienated parent is in a much better position to go to court and ask the court to order the other parent to participate in a 211 report than try and vary a parenting order without a valid 211 report.
Where the court has identified that a parent should take an active role in facilitating a relationship with the other parent, woe be to that parent who does not actively take steps to follow the direction of the court. In L.D.K., the respondent father lost custody and guardianship, in part, because the court found that the respondent father had made no attempts to facilitate a relationship between his two children and their mother. Judges regularly give a withering look to parents who look up at the bench and say “well, the kid just doesn’t want to go” especially where younger children are involved. It is essential that a parent applies to court to vary an existing court order regarding parenting arrangements if there is a valid reason why your child does not want to see the other parent. Otherwise, a parent could find themselves in contempt of a court order which will not advance that parent’s goal to maintain the status quo.
Good BC Parental Alienation Lawyers Seek A Judicial Interview In Some Cases
Mr. Justice Harvey in L.D.K. acknowledged that he took the unusual step of interviewing the children directly. This is just one of several ways to get the views of a child in front of a judge. A judge may interview a child directly without the consent of either parent, but a court order is required for the interview to take place. Many members of the judiciary do not feel they have the skill set to interview children, which can lead to the court declining to make such an order. However, one can save both the time and expense of hiring an expert if you can persuade the court to order a judicial interview, which takes place in the judge’s private office without lawyers or parents present.
A Needs of The Child Report Can Help
A views of the child report is the cheapest of two expert options and will cost about $2500. A needs of the child report, aka a 211 report, involves both interviewing the child, interviewing the parents, interviewing collateral witnesses, and conducting psychological testing on the parents and the child. A full 211 report can cost between $10 – $14,000. A family justice counsellor can prepare a 211 report for free, but the waiting list to obtain such a report from a family justice counsellor can be over a year.
Finally, there is the rare method of asking the court to appoint a lawyer to represent the child and prepare the child’s affidavit. There is currently a pilot project in Victoria and Nanaimo where the court can appoint a free lawyer to a child. Once again, this is another no-cost solution for parents who cannot afford to pay thousands of dollars on an expert report.
But parents should be aware that there is no guarantee that an expert report will be in their favour. Which is why hiring a lawyer can make the difference in either being able to see your children again or preventing a parent who shouldn’t see their child from doing so. A lawyer can advise whether or not a section 211 report is right for you, whether alienation is at play, which expert to hire, which experts to avoid, the merits of various reunification programs, and what to do when the 211 report does not turn out how one hoped it would. Going to court alone is a risk just not worth taking when it comes to your relationship with your children. A lawyer is an essential ingredient when seeking a parenting order that is in the best interests of your children.
Don’t Delay- Act Quickly So Things Do Not Get Worse
Our BC Parental Alienation Lawyers act out of 4 offices in BC in Vancouver, Surrey, Kelowna and Fort St John. Call our BC Parental Alienation Lawyers toll free at 1-877-602-9900 because your children deserve to be protected from parental alienation and just as importantly you need to protect yourself if you have been falsely accused of being a parental alienator.