Tag Archives: Custody

Ex-member of Parliament calls for shared-parenting legislation in Canada

Good news for men who want to marry in Ontario.

Excerpt:

One man I spoke to, for instance, says his ex-wife falsely accused him of slamming a van door on her leg. And even though that assault charge was later withdrawn by the Crown attorney, the man says the allegations damaged his reputation during proceedings with a family court judge who restricted his access to his kids.

It’s those kinds of situations that the fledgling London Equal Parenting Committee will explore during “an evening of awareness in relation to domestic violence” Thursday at Crouch Library.

The evening’s main speaker is Roger Gallaway, the former Sarnia-Lambton MP who co-chaired a 1998 federal report called For The Sake Of The Children, which examined issues surrounding child custody.

“What I find distressing is the lack of objectivity around this whole subject,” says Gallaway, who represented his riding for the Liberal party from 1993 to 2006. “There has to be some type of balance put into the discussion. And it’s sadly lacking.”

Gallaway regrets that none of the 1998 report’s recommendations — including a call for stricter rules regarding the reporting of abuse — were ever adopted.

“An allegation of violence is a weapon,” he says. “And in Ontario we have a zero-tolerance policy, which generally speaking says that when allegations are made, it’s the male who’s removed (from the residence). And that then casts the die for what will occur in terms of child custody or access.”

Gallaway adds that more and more people are starting to realize that more and more deserving fathers are being shortchanged when it comes to contentious custody battles.

“There’s a growing constituency . . . that sees what’s occurring and knows these men aren’t bad people,” he says. “So the doubt about what is being said about (so-called) violent men is growing.”

What I’ve heard is that Ontario has the most unfair family court system in Canada, so this is welcome news. The more that courts discriminate against men and paint a portrait of men as unreliable and abusive, the less men will marry and stick around to be fathers. Men rise to the occasion in order to gain respect. No man wants to get involved with marriage and parenting when he is not going to be respected and valued by his wife and by society as a whole.

Men’s Rights activist Glenn Sacks comments on the article’s counterpoint against shared-parenting:

As a counterpoint, the article quotes DV advocate Peter Jaffe as saying that false accusations of DV are “rare.”  Actually, in the U.S. studies have shown that as much as 71% of DV restraining orders were either unnecessary or received under false pretenses.  Other studies show that over half involve not even the allegation of physical violence.  In Canada, reports of child maltreatment are deemed to be unsubstantiated or without evidence in 55% of cases according to the Canadian Incidence Study of Reported Child Abuse and Neglect.  So what Jaffe said looks to be far from the truth.

Shared-parenting is one of the measures that Dr. J said would encourage people to get married and stay married, which benefits the children. Biological fathers are not really a threat to children – it’s the stepfathers and live-in boyfriends who pose a threat to children.

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Oklahoma considers legislation to reduce divorce rate

She makes marriage sensible
She makes marriage sensible

A podcast with Dr. Jennifer Roback Morse.

The MP3 file is here.

Topics:

  • do governments have an interest in preserving marriage? Why?
  • when a divorce occurs, what does the government decide for you?
  • why preserving marriage helps to preserve your liberty
  • how every child has an interest in the stability of their parents’ union
  • how every child has a right to care from each biological parent
  • how justice requires us to care about the needs of vulnerable children
  • the government should legislate to protect the rights of children
  • how much does a divorce cost the couple?
  • how much does a divorce cost taxpayers (i.e. – government services)
  • how can government protect marriages
  • is mandatory counseling before a divorce a good idea?
  • is a mandatory waiting period before a divorce a good idea?
  • how can changes to custody rules discourage divorce?
  • is fault-based divorce a good idea?
  • should fault be considered when splitting up property after a divorce?

For such a short podcast, this really rocks. Every sentence is brilliant.

I have tons of ideas of how the government could prevent divorce and encourage marriage. I would cut off all subsidies for failure, and replace them with vouchers for counseling, tax credits for getting married, and tax credits for staying married. I also like covenant marriages. I think I would be way more likely to marry if I could get a covenant marriage. It’s a really fun thing to think about, because you want to preserve liberty while still encouraging people to be careful who they marry and how they related to their children. What’s your idea to preserve marriage?

Woman recants false rape charge, freeing man after 3 years in prison

Story from CBS News. (H/T Lex Communis)

Excerpt:

A construction worker imprisoned for nearly three years was cleared by an apologetic judge on Thursday after his accuser admitted she lied about being gang raped to make her friends feel sorry for her.

William McCaffrey hugged his lawyer when state Supreme Court Justice Richard Carruthers – who’d also presided over William McCaffrey’s rape and kidnapping trial – threw out the conviction and dismissed the initial charges. DNA tests also had called the conviction into doubt.

“I’ve been waiting for this for a long time,” the soft-spoken McCaffrey said outside court. “I’m just glad it’s over.”

Biurny Peguero, then 22, originally said three men, led by McCaffrey, raped her at knifepoint after tricking her into getting into their car after a night out in 2005.

She testified at his trial and said at his 2006 sentencing that the “tragedy changed my life forever.” He got a 20-year prison term.

Defense lawyer Glenn A. Garber later persuaded prosecutors to use new technology to retest DNA samples from an apparent bite mark on Peguero’s arm.

The initial tests were inconclusive. The new ones showed the genetic material not only wasn’t McCaffrey’s but came from at least two women, apparently friends of Peguero’s who fought with her.

Peguero confessed her lie to a priest and then to authorities this year. She claimed she was raped because she wanted her friends “to feel badly” for her, and then was afraid to back down from her story as the case continued, prosecutors said in court filings this fall.

My concern about this is twofold. First, it undermines the testimony of women who really have been raped. Second, it makes men mistrustful of women so that men will think twice about forming any kind of relationship. Good women need to speak up about these injustices now… that is, unless they really don’t care that men are imprisoned on false charges of rape.

Why do women make false accusations of rape?

One recent study listed three reasons why women invent false rape accusations.

Excerpt:

A study of rape allegations in Indiana over a nine-year period revealed that over 40% were shown to be false — not merely unproven. According to the author, “These false allegations appear to serve three major functions for the complainants: providing an alibi, seeking revenge, and obtaining sympathy and attention. False rape allegations are not the consequence of a gender-linked aberration, as frequently claimed, but reflect impulsive and desperate efforts to cope with personal and social stress situations.” ( Kanin EJ. Arch Sex Behav. 1994 Feb;23(1):81-92 False rape allegations. )

In 1985, a study of 556 rape allegations found that 27% accusers recanted when faced with a polygraph (which can be ordered in the military), and independent evaluation showed a false accusation rate of 60%. (McDowell, Charles P., Ph.D. “False Allegations.” Forensic Science Digest, (publication of the U.S. Air Force Office of Special Investigations), Vol. 11, No. 4 (December 1985), p. 64.)

Please leave a comment below explaining what you think should happen to a woman like Biurny Peguero, who makes a false accusation that sends a man to prison for 3 years, because she wanted to obtain sympathy and attention. And be sure and check the links below for other false rape accusations that cover the other two common reasons for making false rape accusations.

False accusations in divorce trials

False accusations of domestic violence and sexual abuse are also commonly made during divorce settlements in order to get custody of the children, and the attendant benefits.

Consider this article from Touchstone magazine, by Stephen Baskerville.

Excerpt:

Today it is not clear that we have learned anything from these miscarriages of justice. If anything, the hysteria has been institutionalized in the divorce courts, where false allegations have become routine.

What is ironic about these witch-hunts is the fact that it is easily demonstrable that the child abuse epidemic—which is very real—is almost entirely the creation of feminism and the welfare bureaucracies themselves. It is well established by scholars that an intact family is the safest place for women and children and that very little abuse takes place in married families. Child abuse overwhelmingly occurs in single-parent homes, homes from which the father has been removed. Domestic violence, too, is far more likely during or after the breakup of a marriage than among married couples.

Yet patently false accusations of both child abuse and domestic violence are rampant in divorce courts, almost always for purposes of breaking up families, securing child custody, and eliminating fathers. “With child abuse and spouse abuse you don’t have to prove anything,” the leader of a legal seminar tells divorcing mothers, according to the Chicago Tribune. “You just have to accuse.”

Among scholars and legal practitioners it is common knowledge that patently trumped-up accusations are routinely used, and virtually never punished, in divorce and custody proceedings. Elaine Epstein, president of the Massachusetts Women’s Bar Association, writes that “allegations of abuse are now used for tactical advantage” in custody cases. The Illinois Bar Journal describes how abuse accusations readily “become part of the gamesmanship of divorce.” The UMKC Law Review reports on a survey of judges and attorneys revealing that disregard for due process and allegations of domestic violence are used as a “litigation strategy.” In the Yale Law Review, Jeannie Suk calls domestic violence accusations a system of “state-imposed de facto divorce” and documents how courts use unsupported accusations to justify evicting Americans from their homes and children.

The multi-billion dollar abuse industry has become “an area of law mired in intellectual dishonesty and injustice” writes David Heleniak in the Rutgers Law Review. Domestic violence has become “a backwater of tautological pseudo-theory,” write Donald Dutton and Kenneth Corvo in the scholarly journal Aggression and Violent Behavior. “No other area of established social welfare, criminal justice, public health, or behavioral intervention has such weak evidence in support of mandated practice.”

If we care about justice for all, then we have to care about this, too.

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