Counter Claiming Damages for Loss of Opportunity and Punitive Damages, a remedy against False Claims denied Fathers in BC

 Anybody:          I have recently learnt that Family Courts won't permit claims for Lost Opportunity (due to having to fight for paternal presence all the time) and they won't let you claim Punitive Damages for the harassing treatment and disruption we're all familiar with.

I was surprised a lawyer's duty is not to even allow it to be asked for in the paperwork.  She says it's her duty not to allow anything go before the Court that will never be awarded, Family Courts never award Punitive Damage or Loss of Opportunity, so tough luck, you can't even ask for it.

I would think you should be able to ask for it, and let the Judge deny it if they want to.  I think these damages are necessary to stabilize the home life of children of divorce.  I can't think why they would be precluded in Family Court.

I'm told by a very reputable source this is an abrogation of a lawyers fiduciary capacity to look out only after their clients' interests, but has become customary .

 On reflection these awards for damages are remedies for these spurious claims that are put upon us, and serve to deter spurious, false, applications from even being made in the first place.  If the Justice system see itself as a business, putting its interests over their clients' (never mind the children) they wouldn't want spurious, false applications prevented from being heard.  If they want to reduce the billings down to the really difficult and important cases, they would want these normally preventatives in place.

 Whats the deal?,

Steve

Seems to me like the same kind of deal where the AG and RCMP won't prosecute for fraud or perjury in family matters. This is not law: merely the judicial interpretation and once again a violation of charter rights - all are equal before the law.

 Simon