Dad denied custody of kids
Toronto(CP) -- A man whose children were taken away from him
because he didn't cry enough when his wife died and didn't break
the news "properly" to his children, has had his custody fight
adjourned because of legal technicalities.
The man has been trying to regain custody of his two
children, whom he he hasn't seen in more than a year, after a
family court judge ruled he appeared not to be coping with his
wife's death and was not strong enough to parent his children.
The Children's Aid Society agrees the children, now aged
eight and eleven, show no signs of emotional or physical abuse.
And the judge who awarded 6 month care to the Children's Aid
Society, says the only evidence against the 46 year-old man,
whom the law says can't be identified, didn't tell his children
their mother committed suicide in October 1993.
The transcript, however, shows he did. His lawyer, Stan
Ehrlich, urged Judge "Gertrude Speigel" on Monday to overturn
the original judgement.
But procedural problems and Speigel's assertion that Ehrlich
"bungled" the prepartion of the appeal forced an adjournment
after two hours of legal wrangling. No new date has been set.
The nightmanre began with a tragic error that led to his
wife's suicide and was compounded by the subsequent handling of
"I still don't know where my wife's body is", said the man.
The Children's Aid Society wants the current custody order
extended past April 20. Last spring the Society ordered the man
to undergo a psychiatric evaluation but he refused saying that
it had no cause to ask for one.
Would this fiasco have occured if the surviving parent had been
How does a court determine if a man cries enough? Olympic style,
with a scoring based on volume of tears and artistic merit? Or
do they have a tear-alyser...?
Why is it that a person dealing with the virtually unlimited
powers of the Childrens Aid Society and their pet court, Family
Court, have to prove that they are a fit parent.. should it not
be that the CAS has to prove its case? Why is there no
presumption of innocence?