CPD With High Conflict Expert

The 2018 Annual Joint Family Law Program is coming up on March 9, 2018.

 “Should an almost two-year “status quo” created by manipulation and deceit prevail in a custody trial?” 

“Can an otherwise “good mother” be entrusted with custody of a three year old, if she has consistently undermined the child’s relationship with an equally “good father”?”

“Why did parents of modest means choose to impoverish themselves – and their daughter’s future — for a needlessly destructive three-year court battle? . . . For the sake of the child? . . . Not a chance.”

These are the questions a judge asked himself in two different custody trials in Ontario.  He was dealing with high conflict cases.  Those are the cases that are heartbreaking for mental health professionals, lawyers and judges when the questions about parenting devolve to which parent will do the least harm to the child.

The organizing committee of the Annual Joint Family Law Program is delighted to announce that Dr. Barbara Jo Fidler , a respected and renowned clinical developmental psychologist with over 33 years’ experience working with high conflict parenting matters in separating and divorcing families, is attending as a featured speaker this year. She has been an expert witness in court on the issues and her research has been cited with approval by judges who must make decisions about custody in the high conflict cases.

High conflict families bankrupt themselves with seemingly unending litigation. They involve the resources of Child and Family Services, the police, psychologists, psychiatrists, teachers, principals, neighbours and family members.  High conflict parents challenge the legal system by ignoring or defying court orders, abducting the children, alienating the other parent and bringing multiple applications. Dealing with the high conflict case is exhausting and frustrating for professionals who deal with the family, and the unending high conflict has a devastating effect on the physical and mental health of the children who are living in the middle. This year’s program will appeal to all of the professionals who must deal with these families.

Dr. Fidler will share her insights and expertise in high conflict cases, offering specific practical advice to lawyers, judges and CFS professionals in three separate presentations throughout the afternoon at the annual Joint Family Law program, entitled “The Tough Stuff”, on Friday, March 9, 2018 at the Grand Ballroom in Fort Garry Place

In “High Conflict Cases: Characteristics & Interventions”, Dr. Fidler explains the role of cognitive biases that can affect decisions about high conflict cases. She identifies the behaviours and attitudes of parents that characterize high conflict cases and offers some tools for the variety of professionals facing these matters.

Following that presentation, Dr. Fidler is joined by Manitoba Court of Queen’s Bench judge, Justice John Menzies from Brandon and experienced Winnipeg family law lawyer, Patricia Lane in a panel on High Conflict Cases in Court.

The panelists will share their unique perspectives in a discussion which will draw examples from four recent Manitoba high conflict cases involving Child and Family Services agencies, multiple interventions and different court decisions.  G. v G. made the news in 2016 when the mother was captured in a park after abducting the children.  Ulloa v Ulloa deals with a family where the delusional beliefs held by one mentally ill parent are destroying her ability to raise her children in a healthy environment. B. v B. is an example of a high conflict case where the hard decision to change custody was made at an early stage in the proceedings.  Wenzel v Wenzel is a case where the Court of Appeal turned a sole custody order into a joint custody order when faced with a procedural error at trial.  The facts will be summarized in the materials sent to registrants in advance of the program, and the discussion on the panel will be frank in the effort to help us learn from our experiences.

In the presentation that closes the program, Dr. Fidler makes direct recommendations for clinical interventions, and offers suggestions about the role of the Courts and the use of legal remedies when dealing with high conflict family cases.

The Tough Stuff  is a day long program that also tackles other complex and challenging issues including family trusts, pensions, professional or family corporations and service on spouses outside of Canada under the Hague Service Convention rules.

To see the full program agenda and to learn more about this year’s program being held on Friday, March 9, 2018 in the Grand Ballroom at Fort Garry Place, visit the Law Society website today.

Early bird registration ends this Friday, February 9, 2018.

 

New book display: Family Law

A book display with six books, on three levels of a bookcase. In the middle is a sign that says "New and featured books: Family Law". Book titles are in the blog post.We have a new book display set-up at the Library on the theme of Family Law.

All books are items from our reserve room, and thus are the most recent editions.

If you’re looking to take out any of these books, please let a staff member know (48 hour loan period).

 

The titles are:

  • Manitoba CPLED Program 2016-2017: Family Law
  • Settling Family Law Cases: Practical Techniques for Advocates and Neutrals by Lorne Wolfson (2017)
  • Family Law Arbitration in Canada (3rd ed.) by Ann C. Wilton and Gary S. Joseph (2017)
  • Child Support Guidelines Law and Practice by James C. MacDonald and Ann C. Wilton [no longer updated, current to 2016] *
  • Financial Principles of Family Law by Andrew J. Freedman and Paula G. White [no longer updated, current to 2016] *
  • The Annotated Divorce Act, 2018 ed., MacDonald and Wilton

 

* Looseleaf titles, which are available upon request.

Manitoba eLaws – New Edition – Family Law

The January 2018 edition of the Family Law Update has been published.  Selected contents include:

  • Decision Dismissing Variation Motion Upheld: MBCA
  • Awarding Sole Custody Without Pleading a Procedural Error: MBCA
  • Recent Care and Control Cases: MBQB
  • $10,000 Security for Costs Ordered in High Conflict Support Variation Case: MBQB
  • Review of Manitoba’s Child Welfare Legislation
  • Annual Joint Family Law Program
  • Collaborative Practice Manitoba Spring Offerings

Members have the option of signing up for delivery.

MBCA on Privacy vs Child Protection

The Manitoba Court of Appeal recently ruled on the right of a child protection agency to request the personal information associated with a subscriber to an IP address.

Child and Family All Nations Coordinated Response Network (ANCR) was contacted by the Winnipeg Police Service (WPS) in February, 2016 who were in turn, informed by Interpol that a convicted sex offender in the United Kingdom may have had contact with someone they believed to be a child in 2012. ANCR asked Shaw Communications to identify the owner of the IP address. Shaw refused without a court order.

The application was first taken up with a Master, who did not have jurisdiction to hear an application as opposed to a motion, and then it went to a judge, who dismissed it, concluding that she did not have the jurisdiction to make the order either.

This decision is significant for its analysis of the interpretation of a statute.

[18] ANCR brought its application pursuant to the QB Rules for a determination of rights based upon the interpretation of the CFS Act and regulations. Rule 14.05(2)(c)(iv) of the QB Rules allows for the determination of rights that depend on the interpretation of any document referred to in the rule, in this case, a statute. The rule does not create jurisdiction, but provides a means to determine the nature and extent, if any,
of jurisdiction that already exists.

Steel, J.A. dismissed the application based on the documentation and evidence, while noting that the child protection agency did indeed have the jurisdiction to make such a request. Also of significance are Beard, J.A.’s concurring reasons.

ANCR v. Shaw Communications Inc. , 2017 MBCA 92

 

Indigenous Heritage and Best Interests of Child – BCCA decision

The British Columbia Court of Appeal upheld a lower court decision concerning the consideration of Indigenous heritage with all other factors for adoption of a First Nations, Métis or Inuit child. While Indigenous heritage is important, it is just one factor to be weighed in determining the best interests of the child.

Commentary from Globe and Mail; CBC

Decision: M.M. v. T.B. , 2017 BCCA 296

 

MBQB decision on contempt in Family Proceedings

It’s not often that parties are found in contempt in family proceedings. Behaviour has to be extremely egregious to warrant a contempt finding. That’s what Justice Doyle decided in Delichte v. Rogers, 2017 MBQB 117.

[1]            The mother and the father have engaged in high conflict family litigation for over 13 years.  During this period, 616 documents have been filed in regard to the many contentious proceedings that have come before this court.

There can be so much tension in family proceedings as both sides try to do what they feel is in the best interests of their children. At some point the court must step in and put a halt to it.

The library will be closed on Good Friday, March 29.
The courthouse will be closed on Monday, April 1 but the library will be open for remote requests.