Judge who sent kids to youth facility made tough but correct decision
A Michigan judge who sent three children to a juvenile facility for failing to have a relationship with their father — and called the case one of the worst parental alienation scenarios she’d ever seen — came to the right conclusion with respect to the...
Structured intervention trumps therapy in child estrangement cases
Reconciliation therapy is an intensive psycho-educational intervention that, when structured and delivered properly by specialists in the field, can be far more effective in cases of parental alienation than conventional therapeutic methods, says Toronto...
Ruling endorsing proactive judicial role positive
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...
U.K.’s new psychological abuse law raises serious questions
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...
More structure, objectivity needed in defining ‘good parenting’
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,...
Children’s counsel role can prove damaging in divorce process
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,...
Implications of child brain research ‘profound’ for family law
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,...
Divorce Act revamp ignores value of equal shared parenting: Ludmer
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. Bill C-78, introduced in the House of Commons in May,...