A Mother's Blog 5

Updated: Sep 1

#theresamaclean #familylawrules #childrensmentalhealth

I was in court 2 days later. It did little good. The police would not tell me where my son was.

I received a phone call from him but that was all.

On Thursday, I attended court. The judge had said that my former partner must attend.

Within 4 days, my former partner had

removed my support orders in Hawaii

overturned Hawaii's jurisdicition

filed a request for custody

filed a rush order for this custody

inhibited my return to Hawaii to defend my orders, which I had paid a lawyer to provide, legally and with due process. The lawyer also represented me at the jurisdiction hearing in Hawaii.

My passport was flagged by my former partner. He said under oath the he told his lawyer to do what was necessary.

Overturned Hawaii's jurisdiction without my presence, while my son was hidden, during my custody (both Ontario and Hawaii orders)

at the wrong level court.

In Hawaii law, you must appeal (just as you must do in Ontario) within a time limit. In order to legally overturn the Hawaii order that it had jurisdiction, you must appeal the decision at a higher, appelate court. You cannot overturn an order for jurisdiction at the same level court. I was not there to defend my orders. My former partner's Hawaii lawyer had the jurisdiction overturned without my presence.

This happened even though I informed his lawyer that I would not be present because my son was missing. The lawyer asked me if I was in the United States. Later it appeared he was trying to gage if I had made it over the border despite his connection to Homeland Security.

This synopsis is only after many months as the situation was expedited over 4 days, while I was in court to have my son returned.

This is the Ontario family court, and several lawyers, including the lawyer who was representing my son, but was not allowed to (by court and by law, I did not allow it yet the lawyer returned my email saying, "You are denied". My parental rights are denied, he said)

The Ontario judge gave custody to the father.

I don't think you have to look very far, or very closely to see the inadequate relationship to the Charter of Rights and Freedoms.

The simple truth is that parents are not respected in the Ontario family court. Lawyers are routinely exaggerating claims. There need to be laws. Write to the federal government. Fed. Divorce Act revision. Children are losing their parents. Family members are joining in, raising one parent's fees. We need laws to stop the harrassment.

One parent is often in dire circumstances while the other floats above the law. This must change. It is deliterious.

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