Updated: Sep 23
The public sector is creating trauma in children.
On September 17, 2015 Theresa MacLean claimed that a TRO ordered against her client was not delivered to her until August 10. Three years later she said the TRO was delivered to her May 28.
On Sept. 17, 2015 our youngest child was taken from his sitter a family friend by his father. The child was under protection of a Temporary Restraining Order.
Theresa MacLean told the judge that she had not been served the restraining order until August 10.
The child was forced to sit in a courtroom lobby all day, guarded by two adult male police officers.
I knew that the father had been breaching the restraining order because he had shown up at the hotel we were at, and he had left messages on my child's iPad in the morning and the night before the hearing.
The child was taken and in the father's presence for over four hours, alone. Then he was taken into a small chamber without windows by Theresa MacLean.
Several years later, at the end of October, 2018, we were at trial. Theresa MacLean claimed that I would not participate in a loan to replace a roof for the joint property and therefore it could not be sold. In December I was told the house was sold. The offer had been in process since before the trial.
This pattern, using a child as a human shield, lying to the judge to focus blame elsewhere, taking proceeds of a sale of a joint home away from the court, these are all examples of child abuse, psychological abuse of a child and a parent and financial abuse. When violence is hidden, not stopped, the person using violence is believed to become less inhibited.
During the trial in 2018, Judge Monahan said, 'We aren't here to discuss how much lawyers make'. I later pointed to the financial statement which showed that she made 3,500. per month. I asked if we could talk about this. This legal adviser had been working for 4 years. My support payments had been overturned by tampering with my status. My child was missing. I did not have a salary because I had worked from home with the children, not in employment since designing clothing in Canada with Wesley and Winsa and then Tequila Mockingbird and in film in Toronto 20 years earlier. The family court is very much about money. I was charged 29,600. for that trial to pay to my former partner. The family court is not a service at this time, it only pretends to be.
Just before he trial, my son wrote an Affidavit of his own which said there was no more custody. He was old enough. He was made to sign a second Affidavit that said he would live with his father. Legal adviser MacLean said she needed that sentence to get child support for her client. His real child lawyer said it was better to have less conflict and for him to sign the second one. The judge thanked her for her service.
* * * *
The father admitted he sought the child after the hearing. I had brought my child to a family friend the night before. In the morning as I got dressed, I found two messages on my child's iPad. He left it behind. One text told him to come downstairs to the hotel lobby. The second one said: I am downstairs. Come down. It was 6 am. I was glad that my child was with our trusted friend. I finished getting ready and drove to Peterborough, a two hour drive.
The father did not appear in court. The judge was told this story: the father had been receiving messages from child that he wanted to appear. Father arrived four hours later. My friend had called in grief saying that my child had disappeared.
Theresa MacLean took the child and father into a small cell, a 8X8' windowless room. I told them they could not do this. Two police officers came into the lobby and my son sat in the corner all day in this way. I took a book from a shelf on the wall near the entrance, and near him and began to hum while opening Goodnight Moon.
The judge MacLeod gave the child to the father, ignoring the results of his own Views and Preferences of the Child Report. The child reported blackouts to Emergency personnel at a Toronto hospital three weeks later. He said, 'Mom, I had two an hour. I came to in a public washroom'.
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Another parent who has written about the same kind of experience. Please see: 2.
On September 30, 2015, a Peterborough judge MacLeod ordered our divorce to remain in Ontario. My youngest was taken from me on the 17 and given to his father. He had been taken that morning (September 17) from his sitter without her knowledge.
I began an appeal from the US where my other child was finishing high school. We lived there except for vacations for five years and part time since 2005.
"One phone call to Homeland Security could have her deported. The appeal would become moot." This is the voice of Theresa M. MacLean, in a letter to my legal adviser.
I did not respond to this threat.
The Peterborough judge MacLeod was overturned in our appeal to Divisional court. (March, 2016)
* * * *
Human rights experts say to follow the money. I was denied entry to the United States because my status was tampered with. My monthly support payments were overturned. My custody of my child was overturned. Then the group turned to Toronto, where the same observations can be made. A United States legal adviser motioned to evict me from the sale of our joint property in the US with a motion saying I was living in a mental institution, after overturning legal jurisdiction at the wrong level court after tampering with my legal status.
(Six months after the threat of deportation was made by Ms. MacLean, my passport was flagged* and I was denied entry to the US)
My former partner had hired a legal adviser in the US who contacted Homeland Security. He then went to court alone and overturned the jurisdiction, and all the orders made from this court, including spousal support. I was a stay at home parent, and therefore had no income. In the state the law is that you must overturn by appeal within 30 days.
This is called the Rule of the Case.
I reported my son missing to Toronto Police. Theresa MacLean wrote an email telling me to be quiet, my child was not missing.
I noticed a pattern of action and then covering it up.
My son was removed from the home I knew him to be in, he was taken to adult men who interviewed him in their offices, my status was tampered with so I could not return to the US.
My son was hidden and I would not leave him.
Judge Paisley's endorsement that I had nothing further to do, that I did not need permission for my custody in Ontario because Ontario did not have jurisdiction, was completely ignored.
(This removal of the child and use to overturn orders for support is psychological and financial abuse used together. The study by University of Wisconsin-Madison Centre for Financial Security (see below) found that both are used together in most cases.)
Intense Layering of Action
Each time the two of us would begin to bond, the action was renewed with more force. Example; during summer of 2018 just before the trial in Ontario, my son was told he could no longer stay over at my apartment. He had been having lunch with me every day and we had been enjoying this so much. The school closed because it did not have air conditioning and the father removed the child to a bus far north of Toronto, though the principal said online schooling was preferable. There was a heatwave.
* * * *
In August of 2016, my son was moved and my orders were overturned.
The Rule of the Case in this US state says it is not possible to overturn an order at the same level court but this is what they did.
The US legal adviser would make very personal statements, verbal abuse.
He sent these in emails where they are easy to track. I believe he was trying to shame me, and then later to shame the judge who had overturned the orders for jurisdicitno, custody and spousal support. She was not supposed to and by doing so I believe that the legal adviser used this complicity to gain control of the house, though it was in both my name and my former partner's name. I had already organized the distribution of funds from our Ontario home, to pay income tax, child education, and all other debts, to there was no cause to eliminate me.
Instead, the legal adviser would attempt to write to the judge that I was mentally ill. He wrote that I was living in a mental institution in Canada. Without my arrival, this would have gone to the judge.
He later had 98% of the proceeds from escrow (162,000. US dollars) turned over to him. The trail of disbursement, well I have never seen it. I gave him directions that my address was with the state court and he could send the materials to me but he never did. I wrote my former partner asking for my share of the sale of our joint property.
* * * *
He did not answer. Theresa MacLean wrote to me saying, "You are not getting any of that money." In the same letter, she said (Paraphrasing) I don't believe you have a lawyer because you have so little money.
All the while claiming that they did not bring the suit/motion - that I did. Theresa MacLean told the trial judge in her opening statement that I brought the motion I found in my mailbox. I think that so many stories were told that they got mixed up in a big way. At the end of trial, when I said, the apartment has not been rented for two years, the judge Monahan declared that was income that could not be regained. Then the other side said the couldn't because I would not agree to a roof loan. The roof on the ohana never leaked. She said they could not sell the house because of this lack of co operation on my part. The house already had an offer. I only discovered this when legal adviser working on my behalf asked the realtor and was told the offer had been under discussion since mid October.
The judge said he had jurisdiction to order me to sign for this loan, in which case I would have been forced into another debt (I had been paying the mortgage and credit line loans as well as the family jeep loan and school tuition until I ran out of money).
My legal adviser told me that they realized they needed my signature. So I found out about the sale in December, and was given 150. to go to the U.S. Consulate to sign it, during which there were threats that if I didn't I would be reported for stalling the sale. This is insupportable.
Ms. MacLean argued with the judge that he did not have jurisdiction - which would be a problem should he discover that they lied to him. The judge of course, said he did have jurisdiction though he did not order me to sign a loan with my former partner. I said I would not, and that I saw how this place worked.
The US legal adviser wrote a letter addressed to Theresa MacLean about his flagging of my passport, his tampering with my status and saying it was as good as under oath.
She presented this letter to the new judge in Ontario.
He wrote, (mother) would be 'possibly arrested'. and 'I will be in Germany and the Netherlands for the next two weeks, returning to my office on August 9. Getting you a notarized affidavit may be a bit of a challenge, if you need it before then. If a declaration under penalty of perjury will do, then I declare under penalty of perjury that the contents of this letter are true and correct.' Theresa MacLean presented this letter to the Ontario court judge in August, 2016.
The legal adviser would later admit in the US court, in my presence, that he didn't know anything about the US/Canada visa act.
This was done to inflame Homeland Security and the Ontario judge at the emergency hearing.
All of this happened after the US legal adviser overturned my support payments in the US. and my former partner voluntarily began to pay less than 1/3 of them. Overturning the jurisdiction while alone in the courtroom overturned all of my orders, which had been legally argued with both my former partner and I using legal advisers. All of this time and effort was overturned with fraudulent statements and aggression, and while a child was hidden in Toronto with a parent who had no legal grounds.
* * * * *
Two privately hired lawyers contacted me in 2016. They said they had been hired by my child. In the hearing I had arranged, the Ontario judge spoke harshly to these men. He asked if the men had court permission or the mother's permission. They said that they had not.
The judge said he hadn't seen this in twenty years on the bench. The judge said, children don't hire lawyers. The men were dismissed and finally I saw my child, who had again been brought to court, but the judge has asked me if I allowed this and I said no, so the judge asked him to wait outside. I asked him to wait outside as well. I would be out soon.
I saw him afterwards, a great relief.
These two lawyer, Gary Gottlieb and Ryan Aalto had been interviewing my child in an office in Toronto when he should have been swimming. I emailed them before the hearing and told them they could not interview him alone, for any purpose. They wrote 'you are denied'. I can honestly say that I have never see more blatant manipulation of a child as these men were pretending to be his support. I had custody. They threatened to postpone the hearing unless I served all papers to them. This is the stuff of nightmares. Costly, time consuming, anxiety provoking.
Two legal advisers hired by the father's team to interview the child against the respondent mother's wishes and without court permission.
Theresa MacLean wrote to Aalto and Gottlieb after the hearing, asking if they wanted to continue. This is in the record.
I was happy that I would finally have my child back. I made an appointment with the Toronto Children's Aid Society.
The day of the appointment they called me to say that someone had sent them the affidavits taken by Ryan and Gottlieb and requested an investigation that could take 45 days and I would not see my child.
* * * * *
The affidavits taken by Gottlieb and Aalto were sent to the Toronto Children's Aid Society. I discovered this when my appointment with my son there was cancelled.
The US legal adviser flagged my passport so I could not cross the border. I discovered after speaking to the neighbour, that my child had been moved. I went to police to file a missing person report. Then I went to court to have an emergency sessions to have his returned.
US State Court
Ontario Superior Court Judge
All ruled that Ontario did not have jurisdiction
US legal adviser flagged my passport, reporting me as an illegal alien
T. MacLean wrote her own affidavit to the court
Child still hidden, no correct address in court files
Judge Chiappetta, judge at emergency hearing gave custody to father. When I said this was wrong she asked me when was the last time I had seen my child, and she said, 'You are here.' This means that my presence to warn the court and release my abducted child in the province of Ontario was grounds for her to overturn Divisional Court, the highest court, the appeal court.
The Ontario judge before Judge Chiappetta wrote 'the respondent mother need do nothing further'. He wrote that he expected the TCAS to help with reintegration. Ontario had no jurisdiction. No one in Ontario had any right to make any decisions about us. Someone asked TCAS to begin an investigation of 45 days, instead of following the judge's request to reintegrate me with my child. The TCAS instead began an investigation. My appointment to be with my son was cancelled on the day it was to happen.
* * * * *
Why are adult men allowed to question a child without parental consent without consequence?
Why would an Ontario Superior Court Judge Chiappetta help a legal adviser write her motion in front of a parent who was requesting the child be returned according to the law?
Why has a Superior Court Judge Horkins said, 'This doesn't look like Judge Paisley's signature,' yet refused to return to the courtroom when he was wrong, except to issue a written statement?
Why were Judge Kristjansen's conference statements overturned at trial - leaving me with no expert witness?
Why was my former partner allowed to use his personal accountant as a expert? He said he did not know my income for 2 years.
Why was my participant witness disallowed? She had a ledger from a court ordered accounting firm of my former partner's company, which he refused to disclose to me though it is mandatory to disclose your finances to the other party.
Why did this judge Monahan not mention in his writings that this man said he lied to family members saying mental illness was the woman's issue, when it was his own?
Why was the child not returned to his mother?
Why was Theresa MacLean yelling at clerks to bring back the judge because she wanted $2,000. for the forgery, though Mr. Akinyosoye, Case Management Coordinator (393 University) told Ms. MacLean Judge Paisley signed the order?
Why are legal advisers allowed to write affidavits and sign them?
When I asked Judge Horkins if he saw what was going on and he said, yes, did he turn red?
* * * *
This is a crisis in the life of a child, who has been told he is going to be with his mother and outside the courtroom he said to me, "Ok, I'll stay but only until I'm 18."
There is no child safety in the Family Court. There is no personal safety for the parent of the child.
If you believe that predators create fear in their victims by saying, your mother/father will never accept you after what has happened, what is any different than a child being kept in one place, away from that parent, and being told the judges are not following past judge's orders, but are in fact overturning them?
* * * *
Ms. MacLean has had both children in her office, where more affidavits were witnessed by one of her two staff members.
The articles below show that the actions are not singular, they allege this type of action has been going on in the Ontario Family Court for over a decade.
Those who wish to seek change must make action. Standby and the silence will also be heard.
1.Globe and Mail Supreme Court appeal from an individual more than a decade ago.
"It is not surprising then, that architects and designers have looked up to Nature for all things inspiring, useful and wise. If Nature is to us a 200,000-year-old Mother, we are her reckless children, testing her patience by burning coal and feeding the North Pacific trash vortex. While we, the members of human civilisation, keep busy growing up - fixing carbon and fighting the coal-burning culprits - Nature grows old and weary in all her meridians, to the point where she can no longer mother." Neri Oxman, Guest Editor, Wallpaper, Oct. 2018
This cycle creates mental illness in children. It is happening in the Family Court which pretends a service. The judgeship is not a 'fixed for life' engagement. It is a public service. If a judge is found to be using his.her position to harm children, they must also be removed. There can be no training camp of people who are abusing a system. Only renewal, only dismantling the old can help children. The system is simply too overrun with a group who bully parents and damage children, possibly for life. If only a few parents are writing about this, it is evident that there are many more, who will gain confidence in hearing about the pattern.
What is going on?
When we were in court because I had reported my son as abducted to police and filed and emergency hearing to have him returned (as Divisional Court and a US court had both ruled that Ontario did not have any jurisdiction), it was clear the new judge simply didn't care.
Something else is happening.
In France, there is a lycee for judges. They are trained and not all become judges. This creates an environment of responsibility. In 2013 2280 were candidates, 324 were invited to examination, and 214 were admitted, less than 10%. All candidates must complete a Bachelor in Law, 3 years, and a Master in Law, 2 years. 4
5Financial abuse and psychological abuse are used together 90% of the time, this found by the study at University of Madison Wisconsin. Please see: https://centerforfinancialsecurity.files.wordpress.com/2015/04/adams2011.pdf
These are not stories. These are happening every day. Parents and children are being separated by legal advisers. My hope is that continued action will free my children.
Legal advisers are lying the purpose of which is not known. Is it for money? Power? Position?
The article from University of Wisconsin-Madison Center for Financial Security (below) says about Economic Abuse that of 103 domestic violence survivors, all but one had experience economic abuse. https://cfs.wisc.edu/2011/05/01/adams2011/ MSU Assistant Professor of Ecological-Community Psychology Adrienne Adams
In "Critical Thinking", Rolf Reber says, in Changing The Environment (2016, Cambridge University Text)
"It is a human tendency to attribute a mishap to victims and to think that they have to change in order to improve a situation."
Reber says later that we all choose our friends, that Aristotle said friends were important for forming our environment, and to have a good place to share our experiences and feel part of a society.
2.Divisional Court; 'a 13 year old boy who was encourage by his father to engage in inappropriate behavior should not be rewarded.' Divisional Court in Ontario decided that the Peterborough judge had palpable and overriding error. 'Nor can the actions of (child) that the Motion Judge based his conclusion on be viewed in a vacuum. The clear inference which comes from the evidence and from the Report is that the Respondent was, if not instigating, at least encouraging many of (child's) actions.'
The US court ruled that they had jurisdiction because we lived there and doctors, teachers, and friends were in the state. This would become a startling issue during this time as the child was removed from all, including his medical history. It was as if he never lived there. All ties were broken and he said this to me.
Neither decisions were appealed. Due process was ignored.
* * * * *
This situation has not changed. Last September I arrived in Toronto but my child told me there was too large a group around him, and they thought he shouldn't see me, that I was no good. He was very upset.
I am being told that if I attempt to contact him, this will be dangerous for me.
The pattern is the same - a threat, the threat carried through. More threats.
September 17, 2015
Theresa MacLean told the first judge that she did not receive the TRO until mid August and in October 2018 said she received service on May 28, 2015. This was the correct service date. To the first judge, she created a show of diversion, yelling at me for not sending the TRO until such a late time, using this lack of service to hide a child. The child was under protection of a TRO. There was no need to hide the TRO, or for the child or me to see the father. Breach of a TRO is a C Felony. Yet both our children were included in his defense, the older one taken to court to testify. Affidavits were taken from both children several times, witnessed by Theresa MacLean's assistants, and also by other lawyers. When my child signed an affidavit saying he there was no longer custody, Theresa MacLean wrote another one which said he would live permanently with his father. She said she needed this sentence to get support payments. This was at the last conference before the trial where she said she received the TRO on May 28, 2015. The child, who lived with his father, signed the second affidavit, not his own words.
Before trial, my child told me he could no longer sleep over. He had been coming for lunches during summer school. His summer school was a block away from my apartment. When the school needed to close because there was no air conditioning, I said we could do it online together. This is what the school board was offering. I spoke to the principal and he said this was the best thing. The father refused and my child was bussed north of the city of Toronto for the rest of the summer. (2018)
At trial my former partner and his legal adviser said there was no need for me to have support because my child did not stay with me. I was a stay at home mother, volunteer art teacher, (in my child's classroom and others) and a filmmaker. My reputation was smeared, and lies were told constantly to evade justice.
There was no detail too small to exact a charge for. In the summer of 2018 my great aunt was ailing. She lived in Lively and was the last of thirteen children, the sister of my grandmother. I was close to her. I traveled to see her, writing to the court and legal advisers, both child lawyer and Ms. MacLean as requested, that I could not attend a conference. I was charged 600. for missing a conference I had written I could not attend for family reasons.
*The name of this legal adviser is in the public record. There were four legal advisers during the summer of 2016 and it is confusing with all the names involved. I was self represented by this time. This US legal adviser was clear that he knew nothing about Canada/US visas nor that Canadians can remain in the US for six months per year. I had also filed for my own visa, which was part of the Separation Agreement.
The New Divorce Act redefines family violence for the first time. Also Psychological Abuse +
Legal advisers are required by law to inform their clients of the law and their responsibilities.