To whom it may concern,
Yesterday my sister was informed that her request for a divorce was denied by
the Chief Justice himself. Even if she were to prepare a motion to the
courts to attempt this unilaterally, it would not be approved. The
separation, after 11 years of an abusive marriage, occurred in December
2000. Repeated attempts to resolve "issues" have done nothing but deplete
already non-existent savings accounts and cause more stress. She was forced
to sell the matrimonial home, agree to a woefully inadequate financial
settlement and has basically put her life in the hands of a system that
totally disregards a WOMAN'S rights in favor of the more politically correct
stance of the male/fathers. The overriding issue is custody of a seven year
old child. Interim orders have determined, against the father's successive
attempts, that the child should reside with the mother (I might add that the
child thrives in her mother's care). A home-study was ordered - last year;
it hasn't even been scheduled yet and no Justice will proceed to trial
without this. Attempts to at least break the psychological bonds by getting
a divorce by consent were met with a resounding NO from my sister's husband.
He has told her repeatedly that she'll never be free of him (regardless of
the fact that he lives common-law with another woman). I've witnessed the
abuse, and although unreported by my sister during the marriage (fear of
reprisal), it remains to this day, albeit through another channel - the
Justice System. He has recently had her charged with assault, alleging that
she pushed him in the chest, (this from a woman who shakes in his presence)
and is using the fact that she is under criminal investigation as the reason
to deny a divorce by consent, citing that the best interests of the child
factor cannot be met, and a PEI Justice agreed. Under the Federal Divorce
Law a divorce can be granted provided financial and custody arrangements
have been made for any children of the marriage, even if only in the
interim. Where does it say that the mother, as an individual citizen,
cannot be given the fundamental rights of freedom? Must she continue to be
legally married to a man who continues to harass her, just one inch inside
the law, on a regular basis? Must she continue to beg for child support on
a monthly basis because the system has not yet "processed" the order? Yes,
she has a lawyer, but regardless of his efforts, cannot make the system take
into account the "human factor"; behind every case number is a family,
however divided, that has a fundamental right to due process. And in this
case it isn't happening. I'm sure she isn't the only one with this issue.
No woman makes a decision like divorce lightly. I know my sister struggled
with it for four long years but in the end had to do it for her own safety.
However, had she known then what she knows now she probably wouldn't have
gotten up the courage to do it, and most undoubtedly wouldn't be among us
cry about it.
I am more than willing to discuss this further, and any assistance as to what
to do to help her would be greatly appreciated. I love my sister dearly as
well as my niece
and I just want what is best for both and also what is just.
Please share this with everyone you know who feels that there needs to be
more justice for women
Thank you for your time in this matter,
Lorena Dunne
Brackley Beach
Prince Edward Island
Yesterday my sister was informed that her request for a divorce was denied by
the Chief Justice himself. Even if she were to prepare a motion to the
courts to attempt this unilaterally, it would not be approved. The
separation, after 11 years of an abusive marriage, occurred in December
2000. Repeated attempts to resolve "issues" have done nothing but deplete
already non-existent savings accounts and cause more stress. She was forced
to sell the matrimonial home, agree to a woefully inadequate financial
settlement and has basically put her life in the hands of a system that
totally disregards a WOMAN'S rights in favor of the more politically correct
stance of the male/fathers. The overriding issue is custody of a seven year
old child. Interim orders have determined, against the father's successive
attempts, that the child should reside with the mother (I might add that the
child thrives in her mother's care). A home-study was ordered - last year;
it hasn't even been scheduled yet and no Justice will proceed to trial
without this. Attempts to at least break the psychological bonds by getting
a divorce by consent were met with a resounding NO from my sister's husband.
He has told her repeatedly that she'll never be free of him (regardless of
the fact that he lives common-law with another woman). I've witnessed the
abuse, and although unreported by my sister during the marriage (fear of
reprisal), it remains to this day, albeit through another channel - the
Justice System. He has recently had her charged with assault, alleging that
she pushed him in the chest, (this from a woman who shakes in his presence)
and is using the fact that she is under criminal investigation as the reason
to deny a divorce by consent, citing that the best interests of the child
factor cannot be met, and a PEI Justice agreed. Under the Federal Divorce
Law a divorce can be granted provided financial and custody arrangements
have been made for any children of the marriage, even if only in the
interim. Where does it say that the mother, as an individual citizen,
cannot be given the fundamental rights of freedom? Must she continue to be
legally married to a man who continues to harass her, just one inch inside
the law, on a regular basis? Must she continue to beg for child support on
a monthly basis because the system has not yet "processed" the order? Yes,
she has a lawyer, but regardless of his efforts, cannot make the system take
into account the "human factor"; behind every case number is a family,
however divided, that has a fundamental right to due process. And in this
case it isn't happening. I'm sure she isn't the only one with this issue.
No woman makes a decision like divorce lightly. I know my sister struggled
with it for four long years but in the end had to do it for her own safety.
However, had she known then what she knows now she probably wouldn't have
gotten up the courage to do it, and most undoubtedly wouldn't be among us
cry about it.
I am more than willing to discuss this further, and any assistance as to what
to do to help her would be greatly appreciated. I love my sister dearly as
well as my niece
and I just want what is best for both and also what is just.
Please share this with everyone you know who feels that there needs to be
more justice for women
Thank you for your time in this matter,
Lorena Dunne
Brackley Beach
Prince Edward Island
