The most widely read magazine for Canadian lawyers
Issue link: https://digital.canadianlawyermag.com/i/50807
"I think we're doing a better job in the Canadian courts [recognizing and dealing with PAS], but there's still a great deal to be done." — NICHOLAS BALA, QUEEN'S UNIVERSITY FACULTY OF LAW turn to them for help? Who are the experts in this field? Indeed PAS generates heart-wrench- ing headlines such as the case of the brothers that was settled when the 18-year-old worked out a deal between his feuding parents. In another recent case, a Muslim cleric is now estranged from his 10-year-old daughter after an Ontario court reluctantly allowed the mother to move her to Saudi Arabia despite the fact she had consistently ignored court orders, lied, and been manipulative. The damage was already done, the court ruled, and there was little point in forcing the child to accept her father. Those stories and others have vaulted PAS onto the front pages and into the lexicon but it has long been contro- versial. Feminists call it "junk science" propagated by a "misogynist," while fathers rights' groups have heralded it as the dénouement of a long-shrouded practice by estranged wives to demonize them in the eyes of their children and a way to fight back against the label of "deadbeat dad." The man who coined the term, Richard Gardner, was a Columbia University professor of psychiatry for 40 years until his death in 2003 and, though he tempered some of his opin- ions in his latter years, is still either vilified or saluted as is his philosophical heir, Richard Warshak. The bigger question, is not whether the issue is real but whether it's being abused and alleged as a "magic bullet" strategy, says Queen's University law professor Nicholas Bala who looked at 145 cases across Canada over a 19-year period from 1989 to 2008. His paper will be published in the Family Court Review next winter. To counter the potential for abuse, Bala advocates strict case man- agement of PAS cases and more manda- tory education programs for divorcing parents to stem the demands on court resources. "I think we're doing a better job in the Canadian courts [recognizing and dealing with PAS], but there's still a great deal to be done," says Bala, noting one of the reasons for emerging PAS battles is a shift in parenting norms with more fathers taking a larger role in the nurturing of their children while more MARMER PENNER INC. BUSINESS VALUATORS & "Marriage Contract" Precedents One researched and prepared by S. Christine Montgomery, B.A., LL.B. Ontario and BC Editions Now Available Our Marriage Contract/Agreement precedent is easy-to-use, compre- hensive, well-drafted and can be applied to a full range of marriage contract scenarios - from the most basic to the very complex. The check box format allows you to select required clauses based on the needs of your client. Once you have selected the appropriate clauses, click the "create" button, and you've got your customized Marriage Contract draft in your word- processor... ready for legal review and easy completion! It's that simple. DIVORCEmate One...From Marriage Contracts to Divorce Judgments and Everything in Between. Available as: "Pay Per Use" or "Annual Subscription" Visit www.divorcemate.com today! a product of Toll Free: 1-800-653-0925 or 416-718-3461 x446 e: sales@divorcemate.com www.divorcemate.com LITIGATION ACCOUNTANTS BUSINESS VALUATION MATRIMONIAL & OTHER LITIGATION SUPPORT FORENSIC ACCOUNTING QUANTIFICATION OF DAMAGES SHAREHOLDER/PARTNERSHIP DISPUTES GOODWILL IMPAIRMENT TRANSFER PRICING 94 Cumberland Street, Suite 200 Toronto, Ontario M5R 1A3 Tel: (416) 961-5612 Fax: (416) 961-6158 Email our partners at: sranot@marmerpenner.com jdebresser@marmerpenner.com www. C ANADIAN Law ye rmag.com A UGUST 2009 43 ntitled-1 1 7/16/09 4:08:21 PM armer_CL_Mar_09.indd 1 2/13/09 8:38:11 AM A NOWVAILABLE BC Marriage Agreement