Justine MaCrae and “S” don’t have much in common – except their fathers’ absence.
MaCrae’s parents married young and stuck through fifteen years of rocky marriage until they couldn’t take it anymore.
“Before the separation, I didn’t see him much anyway; he was away for works for months at a time,” said MaCrae of her father. “But he would always come back and I’d see him, like, every day. After that I didn’t see him for two years.”
“S’s” parents, on the other hand, were never married. Her father was with her daily until he was arrested in 2009 for assault and mischief, and later for violating his parole.
He would become a steady part of her life again after his release in 2012, but once she “got into the system” in 2014, he would see her only four times in the next year.
THE CASE
“S” is a seven year-old girl who is “pleasant, energetic…and strong willed,” as described by Justice Elizabeth Jollimore, the presiding judge over “Minister of Communications v. M.C., G.H., and S.M.”
A chronology of the case details can be explored here:
In addition to the Minister, S’s parents both also wanted primary custody over her.
Many concerns were raised over the parental competency of S’s mother. But in the end, Justice Jollimore awarded her with primary custody.
GENDER BIAS AGAINST THE FATHER
To any objective observer, this outcome is surprising.
The child protection agency raised several concerns about S’s father’s parenting, but these were all rejected by Justice Jollimore:
1. Unsubstantiated domestic violence allegations
3. Marijuana “Drug abuse”
The father used marijuana to self-medicate his anxiety and PTSD.
3. Disinterest in his daughter’s life and needs
It appears the agency engineered his absence.
Anne Simmons was not available for comment.
NOT AN ISOLATED INCIDENT
The perceived bias against men in family courts – particularly in custody battles – traces back to 1998 in the Child Custody and Access report.
A look at the family structure of lone-parent house-holds in Nova Scotia shows that women are more likely to head those families.
Source: Statistics Canada – 2011 Census. Catalogue Number 98-312-XCB2011019. …
Data from Nova Scotia’s family court where father seek primary or sole custody suggests this outcome is – at least in part – due to a gender bias in the courtrooms, which has been in place for at least the last five years.
[GRAPH: family court NS cases 2011-2016]
Source: compiled from The Courts of Nova Scotia database
PROBLEM FOR FATHERS
“I think it’s generally acknowledged that women have a better chance fighting for custody,” said Owen Bland, a lawyer who specializes in family and property law. “Although ‘supposedly’ courts are drifting towards ordering 50/50 as a default position for the kids.”
Bland says the Divorce Act explicitly states that the courts ought to “maximize contact between the children and both parents.”
But he also conceded, “on a practical level, if the kid’s like two-months old and breast-feeding, how can you do anything resembling 50/50, right?”
Bland elaborates on the challenge with assigning equal access when biology comes into play:
This is what was once called the “Tender Years Doctrine.”
“The younger the kid was, the more automatic it was that the mother would have primary care,” said Bland.
Although this reasoning is no longer accepted, the Custody and Access report says the “presumption” still lingers on.
When, “right out of the gates,” mothers are getting full custody, Bland says it’s challenging for fathers “to get away from that:”
Without an acceptable “change in circumstances”, fathers basically have no way of getting their foot through the court door.
PROBLEM FOR THE KIDS
This isn’t only a loss for fathers. The role that they play in the emotional and psychological well-being of their children is paramount.
While couple-parent families in Nova Scotia still greatly outnumber their lone-parent counterparts, the former is on the decline while the latter is on the rise.
Source: Source: Statistics Canada – 2011 Census. Catalogue Number 98-312-XCB2011019.
If willing and eager fathers continue to be systematically discouraged from playing a role in their children’s lives, the psychological consequence for an increasing number of children could be devastating.
‘CHILDREN OF DIVORCE’ AS ADULTS
Ryan Hudson, now 29, recounts how his parents’ separation “still haunts” him. He was two years-old.
“They wed and split really young; my mom was only 16 years-old. It was pretty messy stuff,” said Hudson.
A shadow crosses his face as he recalls how many nights “the cops were called.” His mother didn’t let his father see him for years.
“It was really hard…it’s not something you can put into words,” he said.
MaCrae has even fewer words for how her father’s absence impacted her life – but her simple answer speak volumes:
