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Ruling endorsing proactive judicial role positive

Ruling endorsing proactive judicial role positive

by Brian Ludmer | Jan 14, 2020 | Parental Alienation

A recent Superior Court of Justice decision calling the traditional judicial role as the passive receiver of evidence “antiquated” serves as a useful guide for working toward efficiency while still maintaining fairness, Toronto family lawyer Brian Ludmer tells Law...

U.K.’s new psychological abuse law raises serious questions

by Brian Ludmer | Jan 14, 2020 | Parental Alienation

Emotional and coercive abuse in domestic relationships is a societal problem that needs serious attention, but a new United Kingdom law that criminalizes that behaviour may not be the right move, says Toronto family lawyer Brian Ludmer. “As a society we have to give...
Ruling endorsing proactive judicial role positive

More structure, objectivity needed in defining ‘good parenting’

by Brian Ludmer | Jan 14, 2020 | Parental Alienation

The family law courts are leaning on presumptive, subjective standards when it comes to assessing what makes a good parent, says Toronto family lawyer Brian Ludmer. “A lack of understanding of assessing parenting is bedevilling family law,” says Ludmer, principal of...
Ruling endorsing proactive judicial role positive

Children’s counsel role can prove damaging in divorce process

by Brian Ludmer | Jan 14, 2020 | Parental Alienation

Where custody or access to children is contested, courts are directed to canvass the views of the affected children — but there are good reasons to proceed cautiously in this regard, Toronto family lawyer Brian Ludmer writes in Law Times. As Ludmer, principal of...
Ruling endorsing proactive judicial role positive

Implications of child brain research ‘profound’ for family law

by Brian Ludmer | Jan 14, 2020 | Parental Alienation

New research that provides further insight into how suggestibility and memory work in older children has raised concerns that certain fundamental family law paradigms may be mistaken, Toronto family lawyer Brian Ludmer writes in Lawyers Weekly. As Ludmer, principal of...
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