N.B. lobby group criticizes Ont. court ruling

A New Brunswick lobby group is crying foul over a recent decision by the Ontario Court of Appeal that puts limits on joint custody. The New Brunswick Children's Equal Parenting Association is calling the ruling "baffling," and said it could hurt divorcing parents and their children in New Brunswick. "Lawyers might refer to that case in cases here through the law of precedent," said the association's Edward Hoyt. "So it could affect families here in New Brunswick." The Ontario Court of Appeal ruled on Monday that couples going through an acrimonious divorce shouldn't be awarded joint custody of a child unless they can show they're able to co-operate as parents. The court's 3-0 decision reversed a lower court ruling that awarded joint custody to a Toronto couple who couldn't be in a room together without screaming. But Mr. Hoyt said the ruling could mean depriving more children from having a relationship with both parents. "It's scary," Mr. Hoyt said of the ruling. "It's hard enough nowadays for a father to even get visitation rights." He said he fears the ruling may result in one parent using custody as a way to hurt the other parent in divorce proceedings. "It's fine in situations where the people get along, but usually, when people divorce, they divorce for a reason," he said. "This just opens a window for one parent to keep the other from seeing the children." He said past studies show children are better off when both parents are actively involved in their lives, and children suffer when either parent is excluded. Studies also show joint custody has been seen as beneficial at all levels of conflict, except in cases where the children's interests are truly at risk. If a parent is able to derail a joint custody arrangement by not being able to get along with his or her spouse, then that makes an already adversarial situation even more competitive, he said. "The whole system is set up to be confrontational," he said. "Why should the children be punished an not allowed access to both parents?"

The New Brunswick Telegraph Journal News, Friday, February 4, 2005, p. A6 Provincial News N.B. lobby group criticizes Ont. court ruling on custody limits BY TRACY CARR Telegraph-Journal