Brian Ludmer Blog

This blog serves as a resource to learn more about Brian Ludmer, the legal articles he has authored and his insights on divorce and parental alienation related topics. As the attorney leading Ludmer Law, Brian Ludmer has become an authority in business law and family law. His work (see details below) includes a submission to the House of Commons on equal shared parenting, as well as a submission on Bill C-78. Brian Ludmer is also a recognized legal expert on parental alienation.

The 2019 Canadian National Men’s Issues Conference
University of Toronto | August 2-3

It is my pleasure to invite you to Canada’s biggest ever conference on the issues facing boys, men and fathers.
Early Bird rates end in 24 hours! Don’t miss this unique and affordable opportunity to meet an incredible group of international speakers and guests.

CTV news video
25 April, 2019

Parental alienation is a form of family violence and child abuse that occurs when one parent turns the couple’s child against the other parent, typically caused by separation or divorce.

With so many intense feelings to cope with, one parent may consciously or unconsciously encourage the children to unjustly reject the other parent. It can have negative and long lasting effects on both children and parents.

In the coming months, Canadian psychologist Barbara Fidler and law professor Nick Bala will produce a guidebook for lawyers, judges and doctors on parental alienation.

Bill C78 And Parental Alienation Debate – Canadian Association For Equality
29 March, 2019

Presentation to Justice Committee, House of Commons – Brian Ludmer
11 March, 2019

Kentucky Conference to Explore Issues of Family Alienation and Shared Child Custody
21 February, 2019
Frankfurt, KY (Feb. 20, 2019) – A conference coming to Kentucky in October will bring alienated parents, grandparents and experts in the field together for presentations and discussions on the growing issue of parental and family alienation. The Parental / Grandparent Alienation and Equal Shared Parenting Symposium, hosted by Family Access – Fighting for Children’s Rights, will be held Saturday, Oct. 5th, 2019 at the Capital Plaza Hotel in Frankfort, Kentucky. An opportunity to meet the experts who will be speaking during the event will take place the evening before, Oct. 4th, at a buffet dinner.

PASG Newsletter January 2019: Legal Update – The Case Against Children’s Counsel – Part 1
16 February, 2019
In parental alienation, appointing an attorney for the child is fraught with danger.
By Brian Ludmer, B.Com., L.L.B., LudmerLaw, Toronto, Ontario, Canada; Brian@ludmerlaw.com

Equal Parenting Panel + New Centre Grand Opening!
14 February, 2019
Should Canada Adopt an Equal Parenting Presumption? Join us for a timely panel featuring: Federal Deputy Justice Critic Michael Cooper, Lawyers for Shared Parenting Co-Founder Brian Ludmer & Divorced Dad Mike Glover.

MPs urged to enact ‘equal shared parenting’ in Bill C-78 but organized family law bar tells Ottawa to stay the course – The Lawyer’s Daily
12 December, 2018
Dozens of family law practitioners, academics and legal organizations are advising the Commons Justice Committee on how to improve the Liberal government’s proposed divorce overhaul (Bill C-78), but there is sharp disagreement on some points, especially about the wisdom of Ottawa’s choice not to create the “equal shared parenting” presumption sought for decades by advocates for fathers’ rights.

Parental Alienating Behaviors: An Unacknowledged Form of Family Violence
12 December, 2018
Despite affecting millions of families around the world, parental alienation has been largely unacknowledged or denied by legal and health professionals as a form of family violence. This complex form of aggression entails a parental figure engaging in the long-term use of a variety of aggressive behaviors to harm the relationship between their child and another parental figure, and/or to hurt the other parental figure directly because of their relationship with their child.

BILL C-78 COMMITTEE Report OF DECEMBER 7, 2018
12 December, 2018
In terms of what the Committee did with the Maximum Contact Principle, they did not accept the Canadian Bar Association’s proposal to gut it and make it into an irrelevant provision.

Submission to the House of Commons Standing Committee on Justice and Human Rights on Bill C-78 by the Canadian Association for Equality and Brian Ludmer, B.Comm, LLB. Myths and Facts Concerning a Rebuttable Presumption of Equal Shared Parenting
30 November, 2018
Introducing a rebuttable presumption of equal shared parenting would reform the current dysfunctional and arbitrary litigation-based system which, despite it stated goals, in fact fails to advance the long-term best interests of the affected children and in fact exposes them to conflict, uncertainty and parental pressure.

PASG Newsletter: Parental Alienation International November 2018
30 November, 2018
Structured Intervention Trumps Therapy in Child Contact Refusal Cases
-By Brian Ludmer, B.Com., L.L.B., LudmerLaw

Announcement:
29 November, 2018
Brian Ludmer will be the chairperson at the 2019 annual conference of the PASG in Toronto.

PASG September 2018 Newsletter
28 November, 2018
The Wishing Tree. Targeted parents who participated in the Stockholm PASG Conference or the London EAPAP Conference honored their alienated children with a leaf named for each child, August 2018. See page 12.

Are You a Victim of Parental Alienation? Want Help? Important Handbook For Parents Released by ISNAF
22 October, 2018
ISNAF RELEASES IMPORTANT Handbook
Submitted by Dr. Ernest Salem, Member at Large ISNAF Board
I feel very privileged to recommend and be part of this must have Handbook for parents involved in high conflict divorce and custody cases dealing with Parental Alienation (PA). Catherine MacWillie, CEO, Custody Calculations, Calendars & Orders.

How can and should Professionals accurately distinguish between alienation and estrangement? – PASG International Conference- Stockholm, Sweden – Friday, August 24, 2018
30 September, 2018
PROPOSED CLINICAL CRITERIA TO DISTINGUISH ALIENATION FROM ESTRANGEMENT
TWO CRITERIA FOR THE CHILD *
• Child Criterion 1 (CC1)
• Child Criterion 2 (CC2)

Brian Ludmer, B.Comm., LLB; proud Ally of Simply Parent – 2018
30 September, 2018
As an Ally, you support Simply Parent’s singular mission to reach the tipping point beyond which parental alienation is recognized and rejected by society. This ambitious work requires good-will and a compelling voice that can no longer be ignored because it is unified and clear across disparate organizations and parallel movements.

Managaing Ertthical issues In A Parental Alienation Case – Brian Ludmer, B.Comm., LLB; Presentation to Simply Parent Conference; June 30, 2018
19 September, 2018
Why are ethical issues so prevalent in PA cases
The Role of Counsel for
Therapists and Therapy – How to Structure
Custody Assessors/Evaluators
Children’s Aid Societies/Child Protection Authorities
Aligned Non-parties – Tribal Warfare
Schools and Activity Providers

Structured Interventions in a Parental Alienation Case- – Brian Ludmer, B.Comm., LLB; Presentation London, U.K. to 1st Annual EAPAP Conference; August 30 – 31, 2018
01 September, 2018
Brian Ludmer reminds the EAPAP 2018 conference that standard therapeutic interventions are contraindicated in Parental Alienation cases.

Equal shared parenting bill defeated, but proponent vows to keep pushing for Divorce Act changes – Law Times
23 August, 2018

Brian Ludmer will be speaking at the EAPAP London Conference on Parental Alienation
23 August, 2018
The European Association of Parental Alienation Practitioners opens its conference booking today. Headline speakers include leading researcher and writer Amy J.L.Baker PhD. Brian Ludmer from Ludmer Law in Canada, Professor Gordana Buljan Flander from the Child Protection Centre in Zagreb, Barristers from 1KBW UK, Linda Gottlieb and Steve Miller from the USA, along with Psychologists and Psychotherapists who are pioneering in this work in Europe.

Divorce Act revamp ignores value of equal shared parenting: Ludmer
23 August, 2018
Proposed changes to Canada’s Divorce Act fall short by failing to make equal shared parenting (ESP) the starting position in custody disputes, Toronto family lawyer Brian Ludmer tells AdvocateDaily.com.

Contempt Law in a Nutshell – Court Procedures for Breaches of Court Orders: Part 2 By Brian Ludmer, B.Com., L.L.B., LudmerLaw, Toronto, Ontario, Canada (PASG LEGAL COLUM May 2018)
23 August, 2018
PARENTS FACING A CONTEMPT PROCEEDING would be well advised to have sufficient third-party evidence of the exercise of their parental authority and why it had, to that point in time, been ineffective.

Legal Update: Contempt Law in a Nutshell – Court Procedures for Breaches of Court Orders: Part 1 By Brian Ludmer, B.Com., L.L.B., LudmerLaw, Toronto, Ontario, Canada (PASG LEGAL COLUM March 2018)
23 August, 2018
A COMMON EXPERIENCE FOR PARENTS, and for professionals assisting them, is that of the alienating parent not complying with Court Orders for parenting time, joint decision-making and other matters. There are practical and therapeutic/intervention responses that should be part of a thorough strategic plan. However, it is also typical and advisable to seek the assistance of the Court.

Legal Update: Introducing a New Legal Column, By Brian Ludmer, B.Com., L.L.B., LudmerLaw, Toronto, Ontario, Canada (PASG LEGAL COLUM January 2018)
23 August, 2018
WELCOME TO LEGAL UPDATE. I am pleased to accept the mandate of Ed-itor of this column, which will appear in each issue of PAI. As discussed at the PASG Conference in Washington, DC, there is a broad-based request from PASG members for sharing information, thoughts, strategies, and advocacy on the legal process and substantive legal issues relating to paren-tal alienation as a part of a multidisciplinary response to the challenges facing families having difficulty restructuring in a healthy manner

Ignoring access orders makes bad situations worse, by Brian Ludmer
23 August, 2018
Responding to difficulties in enforcing access to children continues to be a problem in search of a solution in family court. Despite settled jurispru- dence and ample statutory rem- edies, parents denied their time with their children continue to struggle for practical, cost-effective and timely solutions.

To the Strategic Role of the CFO in M&A Transactions, by Brian Ludmer
24 July, 2018
Here’s a list of the “Top 25” ways to limit exposure on representations and warranties when you are selling a business. It will be rare to win all of these battles in a single deal (in fact they represent a compilation of “best practices” from many deals).

Refuting false allegations of abuse a specialized job
24 July, 2018
It is an unfortunately common occurrence in contested matrimonial cases that one or both parties make serious accusations of physical, emotional and/or sexual abuse against the other. Even worse are cases where such allegations involve the children.

Ignoring access orders makes bad situations worse, by Brian Ludmer
24 July, 2018
Responding to difficulties in enforcing access to children continues to be a problem in search of a solution in family court. Despite settled jurispru dence and ample statutory rem- edies, parents denied their time with their children continue to struggle for practical, cost effective and timely solutions.

Time for Canada to embrace equal shared parenting, by Brian Ludmer
24 July, 2018
From the 1998 Senate special joint committee recommendations to the present, numerous reports and statements concerning the family law system have recognized the need for fundamental reform as it relates to contested custody cases.

Children hurt in divorce process, by Brian Ludmer
24 July, 2018
In litigation where custody or access to children is contested, courts are directed to canvass the views of the affected children, at least to the extent that the views can be ascertained. There are various means by which the voice of the child can be solicited. Each way has its relative advantages and disadvantages, but there are good reasons to proceed cautiously in this regard.

Ethical Issues Arising in A Parental Alienation Case – PASG LEGAL COLUM JULY 2018
24 July, 2018
Targeted parents, and those advising them, need to be cognizant of the high base rate/frequent occurrence of ethical issues relating to various participants in the case in order to ensure a successful outcome.

Contempt Law in a Nutshell – Court Procedures for Breaches of Court Orders
24 July, 2018
A common experience for parents, and for professionals assisting them, is that of the alienating parent not complying with Court Orders for parenting time, joint decision-making and other matters. There are practical and therapeutic/intervention responses that should be part of a thorough strategic plan. However, it is also typical and advisable to seek the assistance of the Court.

Refuting false allegations of abuse a specialized job
24 July, 2018
It is an unfortunately common occurrence in contested matrimonial cases that one or both parties make serious accusations of physical, emotional and/or sexual abuse against the other. Even worse are cases where such allegations involve the children.

While statistics vary and the rigour of some of the studies is questionable, it is at least experientially well understood that false allegations of abuse are pervasive in contested matrimonial cases. In cases of less “tangible” allegations, perhaps the most abused word is the word “abuse” itself.

Speaker’s Corner: Children hurt in divorce process
24 July, 2018
In litigation where custody or access to children is contested, courts are directed to canvass the views of the affected children, at least to the extent that the views can be ascertained. There are various means by which the voice of the child can be solicited. Each way has its relative advantages and disadvantages, but there are good reasons to proceed cautiously in this regard.

The process of asking children their opinions creates the risk of triangulating the child further into an inter-parental dispute, and it can potentially create or contribute to an alliance of one parent and child against the other parent or against other children.

Many studies and publications, including a study of 1,000 families published by the Family Law Section of the American Bar Association, suggest that parental lobbying and manipulation of children in custody disputes is a very common occurrence.

Speaker’s Corner: Time for Canada to embrace equal shared parenting
24 July, 2018
From the 1998 Senate special joint committee recommendations to the present, numerous reports and statements concerning the family law system have recognized the need for fundamental reform as it relates to contested custody cases.

Bill C-560, a private member’s bill proposed by Conservative MP Maurice Vellacott, is a reasonable and balanced proposal to address the current broken system. Parliament will debate bill C-560 on May 7, followed by a second reading vote.

The principal change to the Divorce Act, with the goal of reducing incentives for bitter and expensive litigation over children, is the proposal for a rebuttable presumption that equal shared parenting would support the best interests of the children unless a party can establish that some other parenting plan would substantially enhance those interests.

Brian Ludmer at “University of Toronto’s Men’s Issues Awareness Nov 29 2015” (16 minutes)
06 June, 2018
An expert panel shares information about Parental Alienation followed by a Q and A session. Hosted by the U of T Men’s Issues Awareness Society.

Brian Ludmer of Ludmer Law and the spokesperson for the Canadian Association of Equality spoke on AM 800 CKLW Radio on his views on the Federals revamping the Divorce Actt
24 May, 2018

Liberals’ proposed overhaul of Divorce Act aimed at putting interests of children first
24 May, 2018
Changes include new terminology and strengthened parental relocation guidelines

The Liberal government is overhauling Canada’s federal divorce laws to direct the justice system to put the best interests of children at the centre of decision-making.

Bill C-78, which was tabled Tuesday in the House of Commons, also takes steps to address family violence and child poverty. It’s the first major revamp of divorce law in more than 20 years.

Proposed changes to family-law legislation aims to help families settle disputes outside court
24 May, 2018
Brian Ludmer of Ludmer Law joined The Exchange with Matt Gurney to chat about the proposed changes to family-law legislation.

Brian Ludmer at the first international conference of the PASG
24 May, 2018
On October 23, 2017, Brian Ludmer spoke at the first international conference of the Parental Alienation Study Group (PASG) on “Judicial Interviews and the Reliability of the Voice of the Child”