本文发表在 rolia.net 枫下论坛Canada’s system of family law is decimating us, one family at a time. With nearly 40% of Canadian marriages ending in divorce, our next government needs to stop the bleeding: financially and emotionally.
-----Canada’s system of family law 毁掉了我们很多家庭,目前离婚率接近40%,政府应该制止这样的财政和情感上的流血.
Our adversarial court system pits husband against wife in a dangerous game that all too often spirals out of control, taking whole families down and destroying children’s lives in the process.
----两派对立的法律制度常常把丈夫对妻子的抗拒,带到了一个几近失去控制的地步,把整个家庭弄垮,在整个过程中,更是摧毁小孩的生活.
Custody cases are among the worst. Separating parents, usually fathers, are caught in a black vortex, fighting for the ability to remain an active part of their children’s lives, sparring with mothers who too frequently use their hurt and anger to marginalize, even alienate their partners from their children.
-----争夺扶养权的案例是所有案例里情况最糟糕的.分开后的夫妻,通常是丈夫被拽进了这最糟糕情况中的黑漩涡里,挣扎地想在孩子的生活中继续扮演父亲的角色.
在这场角逐中,常常是母亲利用她们的痛苦和所受到的伤害来让孩子疏远自己的父亲.
To date, our governments have refused to make the changes that most jurisdictions in North America have already adopted: a move to a presumption of joint custody where parents continue to participate in their children’s lives on a level playing field. With a rebuttable presumption of joint custody as the law of the land, a significant group of potential family law litigants could bypass the court system.
-----北美大部份的司法管辖区都对有关扶养权的法律进行了修订---共同监护权的推定,但加拿大的政府却拒绝这样的改变.
Regrettably, our system does neither parent any favours. With lawyer’s fees in the tens of thousands of dollars, many Canadians wander alone into family court like sheep to the slaughter.
----我们的司法系统的所为却对夫妻双方都没有好处.高昂的律师费让众多的加拿大人在family court 里,就象是羊被驾上了案板.
Legal aid for family law in Canada is almost non-existent, while refugees and criminal thugs, even terrorists, feast on the public purse.
----法律援助微不足道.
What Canadians face is a shortage of judges and court staff, who gamely try to administer an underfunded bureaucracy that cannot meet their needs, a process where the battle lines are drawn before they get there. The beginning of their long wait for justice.
----加拿大人面对的是法官和法庭人员的短缺,及一个资金不足的官僚体系.
Legislators, law reformers, judges, and lawyers have long recognized that court is no place to resolve family law disputes. Ontario’s Law Commission released a report in September 2010 entitled “Voices From a Broken Family Law Justice System” decrying longer trials and increasing court and legal fees that are crippling a system that cannot deal with the intense emotional fallout of personal disputes.
-----立法者,法律修定者,法官,律师早就意识到法庭不是解决家庭纠纷的地方.2010年9月,安大略法律委员会发布了一个名为"破碎的家庭法系统的声音"的报告.
In a recent family law case, Bruni v. Bruni 2010 ONSC 6568 Mr. Justice Joseph Quinn of Ontario began his Reasons for Judgment with a feigned cry for help: “Paging Dr. Freud, Paging Dr. Freud”, a provocative introduction to a bizarre family law case that was ill-suited for court intervention. Justice Quinn referred to the “roulette of family law”.
My solution? Take family law out of court and move it to Family Centres with a one-stop shopping approach. Provide education, counsellors, child development professionals, mediators, arbitrators, divorce coaches, parenting coordinators and financial experts. These services should not be free but should be paid for by those who access the programs on a sliding scale commensurate with their family income. For the poor and working poor legal aid should be provided.
----我个人的解决方案: 把家庭法从法庭剔除,把它搬进家庭中心去,采用"一步停"的解决方式:教育,资询,儿童成长专业人员,调停者,仲裁人,离婚辅导,理财顾问等等,等等................
For those cases that will never settle without judicial intervention, appoint highly experienced judges who want to be there, as opposed to judges who find family law work a grind they would rather avoid.
-----的确需要法律系统介入的案子,指定具丰富家庭法经验的法官,避免那些认为家庭法案件是一项苦差事而要竭力避免的法官.
Is there a political party that will heed the cries of millions of Canadians?更多精彩文章及讨论，请光临枫下论坛 rolia.net
-----Canada’s system of family law 毁掉了我们很多家庭,目前离婚率接近40%,政府应该制止这样的财政和情感上的流血.
Our adversarial court system pits husband against wife in a dangerous game that all too often spirals out of control, taking whole families down and destroying children’s lives in the process.
----两派对立的法律制度常常把丈夫对妻子的抗拒,带到了一个几近失去控制的地步,把整个家庭弄垮,在整个过程中,更是摧毁小孩的生活.
Custody cases are among the worst. Separating parents, usually fathers, are caught in a black vortex, fighting for the ability to remain an active part of their children’s lives, sparring with mothers who too frequently use their hurt and anger to marginalize, even alienate their partners from their children.
-----争夺扶养权的案例是所有案例里情况最糟糕的.分开后的夫妻,通常是丈夫被拽进了这最糟糕情况中的黑漩涡里,挣扎地想在孩子的生活中继续扮演父亲的角色.
在这场角逐中,常常是母亲利用她们的痛苦和所受到的伤害来让孩子疏远自己的父亲.
To date, our governments have refused to make the changes that most jurisdictions in North America have already adopted: a move to a presumption of joint custody where parents continue to participate in their children’s lives on a level playing field. With a rebuttable presumption of joint custody as the law of the land, a significant group of potential family law litigants could bypass the court system.
-----北美大部份的司法管辖区都对有关扶养权的法律进行了修订---共同监护权的推定,但加拿大的政府却拒绝这样的改变.
Regrettably, our system does neither parent any favours. With lawyer’s fees in the tens of thousands of dollars, many Canadians wander alone into family court like sheep to the slaughter.
----我们的司法系统的所为却对夫妻双方都没有好处.高昂的律师费让众多的加拿大人在family court 里,就象是羊被驾上了案板.
Legal aid for family law in Canada is almost non-existent, while refugees and criminal thugs, even terrorists, feast on the public purse.
----法律援助微不足道.
What Canadians face is a shortage of judges and court staff, who gamely try to administer an underfunded bureaucracy that cannot meet their needs, a process where the battle lines are drawn before they get there. The beginning of their long wait for justice.
----加拿大人面对的是法官和法庭人员的短缺,及一个资金不足的官僚体系.
Legislators, law reformers, judges, and lawyers have long recognized that court is no place to resolve family law disputes. Ontario’s Law Commission released a report in September 2010 entitled “Voices From a Broken Family Law Justice System” decrying longer trials and increasing court and legal fees that are crippling a system that cannot deal with the intense emotional fallout of personal disputes.
-----立法者,法律修定者,法官,律师早就意识到法庭不是解决家庭纠纷的地方.2010年9月,安大略法律委员会发布了一个名为"破碎的家庭法系统的声音"的报告.
In a recent family law case, Bruni v. Bruni 2010 ONSC 6568 Mr. Justice Joseph Quinn of Ontario began his Reasons for Judgment with a feigned cry for help: “Paging Dr. Freud, Paging Dr. Freud”, a provocative introduction to a bizarre family law case that was ill-suited for court intervention. Justice Quinn referred to the “roulette of family law”.
My solution? Take family law out of court and move it to Family Centres with a one-stop shopping approach. Provide education, counsellors, child development professionals, mediators, arbitrators, divorce coaches, parenting coordinators and financial experts. These services should not be free but should be paid for by those who access the programs on a sliding scale commensurate with their family income. For the poor and working poor legal aid should be provided.
----我个人的解决方案: 把家庭法从法庭剔除,把它搬进家庭中心去,采用"一步停"的解决方式:教育,资询,儿童成长专业人员,调停者,仲裁人,离婚辅导,理财顾问等等,等等................
For those cases that will never settle without judicial intervention, appoint highly experienced judges who want to be there, as opposed to judges who find family law work a grind they would rather avoid.
-----的确需要法律系统介入的案子,指定具丰富家庭法经验的法官,避免那些认为家庭法案件是一项苦差事而要竭力避免的法官.
Is there a political party that will heed the cries of millions of Canadians?更多精彩文章及讨论，请光临枫下论坛 rolia.net