Profit Over Principles

The Canadian family court system was designed to resolve family disputes, such as divorce, child custody, and support payments, with the best interests of the children as the primary guiding principle. However, a critical examination reveals that the system often prioritizes profit over principles, employing divisional and control tactics that instill fear in parents, compelling them to comply or face severe consequences regarding access to their children. Let’s take a look at how the family court system capitalizes on high-conflict cases and perpetuates a cycle of profit at the expense of families.

The family court system often employs divisional tactics that exacerbate conflicts between parents. For example: filing false allegations of rape of domestic violence, parental alienation tactics, ect. By fostering an adversarial environment, the courts increase the likelihood of prolonged legal battles. The system thrives on the fear instilled in parents that any non-compliance or perceived inadequacy could result in restricted access to their children. This fear is a powerful motivator, driving parents to invest significant time, energy, and financial resources into legal proceedings.

One of the primary tactics is the threat of losing custody or visitation rights. Parents, particularly fathers, are often made to feel that they must prove their worthiness as caregivers, leading to a sense of desperation and a willingness to comply with the court's demands, regardless of the fairness or rationality of those demands. The courts' discretionary power in these matters often results in inconsistent and unpredictable outcomes, further heightening parents' anxiety and dependence on legal counsel and court interventions.

The financial burden of navigating the family court system can be overwhelming. Legal fees, court costs, and the expenses associated with custody evaluations, mediation, and other court-ordered services quickly add up. The following statistics illustrate the economic impact on families:

Legal Fees: The average cost of a contested divorce in Canada ranges from $15,000 to $25,000 per party. High-conflict cases can escalate these costs to over $50,000 or more, particularly when multiple hearings and appeals are involved.

Custody Evaluations: Court-ordered custody evaluations can cost between $10,000 and $30,000. These evaluations are often required in contentious custody disputes, further inflating the financial burden on families.

Mediation and Counseling: While mediation is sometimes touted as a cost-effective alternative to litigation, it can still be expensive. Mediation sessions typically cost between $100 and $300 per hour, and multiple sessions are often necessary. Court-ordered counseling can also add thousands of dollars to the overall expense.

The family court system, along with associated professionals, derives significant revenue from high-conflict cases. The economic interests of various stakeholders within the family court umbrella—lawyers, mediators, custody evaluators, and other court-appointed professionals (OCL, CAS, CPS)—often align with the perpetuation of conflict. The following figures highlight the revenue generated from family court proceedings:

Lawyers: Family law is a lucrative practice area. With hourly rates ranging from $200 to $500, lawyers stand to make substantial earnings from protracted custody battles and divorce proceedings.

Court Fees: Filing fees for divorce and custody cases vary by province but generally range from $150 to $300. Additional motions and filings further contribute to the courts' revenue.

Custody Evaluators and Guardians ad Litem: These professionals charge significant fees for their services. As mentioned earlier, custody evaluations can cost tens of thousands of dollars. Guardians ad litem, who represent the interests of the child, also charge hourly rates that contribute to the overall financial burden.

Mediation Services: With multiple sessions often required, mediation services generate substantial income. Court-affiliated mediation programs and private mediators both benefit financially from high-conflict cases.

Real-world case studies demonstrate the devastating financial and emotional toll of the family court system on families. One high-profile case involved a father who spent over $300,000 in legal fees over a decade-long custody battle, ultimately losing custody of his children despite substantial evidence of his fitness as a parent. Another case saw a mother financially ruined after being ordered to pay for multiple custody evaluations and counseling sessions, leaving her unable to afford basic living expenses.

These cases highlight the systemic issues within the family court system, where profit motives often overshadow the best interests of the children. The financial strain on parents not only depletes their resources but also exacerbates the emotional turmoil for children caught in the crossfire.

The Canadian family court system's reliance on divisional and control tactics, combined with its significant revenue generation from high-conflict cases, reveals a disturbing prioritization of profit over principles. While the stated goal is to protect the best interests of the children, the reality is that the system often perpetuates conflict, financial strain, and emotional distress for families. To address these issues, a comprehensive reform of the family court system is mandatory, focusing on minimizing conflict, reducing financial burdens, and truly prioritizing the well-being of children and families.

Richie Massia

A Father’s Truth Parental Rights Network

CEO / Advocate / Editor

For media inquiries please email afatherstruth1@gmail.com