"Trociuk is
.. a disheartening endorsement of biological concepts of
parenthood ... flawed .... it legitimizes a heterosexual view
of the family. .. It must be ignored."
This is a Judge practicing his sexual orientation
for decades while on the BC Bench. It is inconceivable that
the Law Enforcement officers and other Judges were unaware of all
his activities. Law Enforcement Officers, are of course unable
to act without the support of the Judiciary.
The university community tells us that at least
one of the Status of
Women university profs is not just
a run of the mill Communist... she's a self professed
MAOIST!!! The difference we're told is that a MAOIST
believes in
We say it is
Hedy Fry, and these
"Second Wave Feminists" /
Status of Women /
Women's Studies types that need to be eradicated from tax
funded positions and be forced to make Reparations to the thousands
of Fathers and their families whose lives who have been destroyed by
them since the sixties. We need also the restoration of the
Enticement &
Seduction provisions of Common Law which these SOWs had struck
by Statute.
...
No one would listen to my
father , no one would give him a chance to speak. ... My dad was an
abused husband, he was abused by his wife, and the justice system.
... He was a kind man who fought a good fight but no matter what he
did or said, he could never win with this system.
The common practice in BC Courts when Fathers do
not pay Child Support
- which most of the time is merely
Imputed - is to send
non-paying Father to Prison until he or his family members pay the
fees imposed by the Judge.
Even when mothers agree that Child Support should
no longer be paid, we find that the
Family Enforcement agencies, which are private contractors
functioning as
Bounty Hunters, typically refuse to end their claim on the
father's income,.
"Lohstroh, a 41-year-old
emergency-room doctor, was shot in the back Friday when he went to
pick up his two sons at their mother's home. Police say the
10-year-old boy climbed into the back of his father's sport utility
vehicle, fired a pistol several times through the back of the
driver's seat and then ran back inside the home."
Currently, domestic violence service providers in Manitoba
assist women who claim to be abused. Let’s say Bob and Jane
are married and have two kids. If Bob abuses Jane, Jane can
go to a local shelter and receive legal assistance in
obtaining a personal protection order (aka restraining
order) against Bob. Bob is forced to vacate his house
immediately. A couple weeks later there is a hearing to
determine if the protection order will be made permanent,
and the domestic violence service provider again furnishes
assistance for this hearing. At these hearings, the
protection orders are usually extended.
All this is as it should be—provided Bob is guilty. The
problem is that the same process and laws which protect a
battered Jane from an abusive Bob also allow an unhappy but
not abused Jane to boot an innocent Bob out of their home
and set a child custody precedent with herself as sole
caregiver. This aids Jane greatly during the divorce
process.
Many prominent family law professionals are cautioning that
this system is being widely misused in Canada, and that
there are scant protections for the falsely accused.
"Protective orders are increasingly being used in family
law cases to help one side jockey for an advantage in child
custody…[the orders are] almost routinely issued by the
court in family law proceedings even when there is
relatively meager evidence and usually without notice to the
restrained person.”In my case a judge presumed me guilty of
criminal charges without being present or being represented
by a legal defense
If a parent is willing to abuse the system, it is
unlikely the trial court could discover (his or her)
improper motives in an Order of Protection hearing.
The hearings to make the protection orders effective are
often just a formality for which no more than 15 minutes are
generally allotted. In fact, the province of Manitoba is
becoming a happy paradise for people to claim they were
abused by their partner therefore and a protection order
will be given to them
“Practice saying why you disagree with the charges. Do not
take more than three minutes to say what you disagree with.
You can bring witnesses or documents that support your case,
but the judge may not have enough time to talk to the
witnesses, nor will consider your appeal valid since from the
moment a protection order is given nobody can have access to
the whereabouts of the parent who is protected under this
law.”
This process is already damaging and unfair to fathers,
but this provincial protection order plus related criminal
consequences will make it far worse. Once the issues of the
domestic violence is in place, false accusers who have
obtained initial assistance through domestic violence
service providers will be provided free attorneys to
litigate their divorcés, but time they are not dealing with a
father rather with a terrorist/criminal who's forced to
compensate for the presumed damages caused on the accuser.
This legal assistance will give the mothers a huge advantage
over low-income fathers, one which will cause many innocent
dads to loose custody and even access to their kids for
life.This is the demoralizing reality of today's father
trying on the one hand to gain the love of their children
and on the other other hand, the malicious persecution
trying to get him sentenced as a criminal and take all his
rights as father and as free citizen of a democratic
society. These provincial protection orders contradict the
charters of human rights and are turning a great numbers of
fathers as "hostages" of the illegal machinery created by
biased and unconcerned social evil. Only sociopaths can cause
so much human sufferings in a given society against parents
and families. I have personally experienced the inhumanity of
the system as I was abruptly shut by police ,social workers
and shelters counselors (Montréal, Quebec).Even though I was
innocent for charges laid on me,as later they were proved
"false"....they kept treating me like a third class
citizen. And my children were removed from home by social
workers, by police and by shelters workers, and nobody cared a
bit if my children needed to be with the me. They could not
careless!!. my children were treated as being part of a Nazi
concentration camp. They were told ,and I was told the same
"not to speak to them or I will be arrested"
Even when the malicious persecution came to an end for a
while,these state bureaucrats were not concerned at all
about my children's safety and love-- whom they meant to
help from a presumed abusive father.Their whole approach was
inhuman and intolerant...Most of these bureaucrats have more
authority than our politicians and judges and act freely
like the ex-KGB agents under Stalin regime.They messed in my
family affairs and they attempted to suppress and repress
all my rights,including the right to move and the right to
speech.
What’s needed instead is an overhaul of the domestic
violence system to emphasize serving and protecting only
those who are legitimately abused , not to discriminate
based on sex;equal rights mandatory for both parents,
eliminates the protection order when there's divorce
process; ensure a defense and legal representation of a
father being accused outside of his province, limit the
rights of these bunch of bureaucrats that feel that they can
do whatever they want with the family.In my case my family
was destroyed, my children kidnapped by the my wife and by
the legal system...and now I am facing some criminal charges
from these false accusations in Manitoba and the total
removal of my children since these undemocratic and
repressive protection orders prohibits me from seeing my
children for several years...and I still do not get the
right to an appeal and a decent defense. According to this
authoritarian and unfair domestic violence and protection
order law. I am loosing my children for life for offenses
already proved false in Quebec. and presumed guilty in
Manitoba without a notice and a fair trial.
Posted Jul 19, 2008 5:37 PM
State parasites brainwashed my family with hatred and
malicious propaganda I have a chilling, previously private
story now public to share.
On may 17,2008 my two children were abducted both
protection services Agency and by the police department over its
once "secret" decision to expel daddy away from the family, and
on may 18 the police decided to list my name on a national law
enforcement database of suspected child and sexual abusers
I
am telling this story in hopes that it will help fix a
government child protective system that I believe was poorly
designed and has long been dysfunctional, because its
investigators have been given powers usually granted only to
judges and also because some of these worker are sometimes
motivated by "resentments and hatred"" against the fathers..
Most men, when falsely accused of child abuse .sexual
offenses,and investigated by the Department of Social Services -
Children Services, and the police ,have suffered in silence.
Even after clearing their names, as I did oncebut now I am on
the list on Manitoba. That's because the mere accusation of such
a crime can severely damage a person's reputation. But I believe
that keeping silent won't solve anything for others. By sharing
my story publicly, I hope to help force changes to this
secretive, intimidating and - I believe - institutionally biased
system to stop it from abusing the reputations, families and
bank accounts of other innocent parents. I also want to stress
that I am
speaking as a private citizen, not as a representative of any
organization.
I was falsely accused by a malicious intention from my ex-wife
of the heinous crime of child abuse in may 12,2008, , at the
height of a bitter
custody battle over my two young boys. When I was told of the
accusation, I promptly submitted to an investigation by a
protective service worker . I Insisted from the beginning that I
was innocent and that I was not capable of committing such a
crime against my own children. But, it took me roughly several
days , an assessment and hundreds of hours of effort to disprove
my ex-wife false accusations.the youth protection service worker
came to a secret conclusion that my case should not require
further investigation for the simple reason that the accusations
are "unsubstantiated,
Only by disproving in front of the social worker was I able
to and asked for an independent investigation done on my
children on one to one basis without the presence and the
influence of the mother who was indoctrinating and brainwashing
my children with malicious propaganda along with some social
workers and counselors who were advising and driven my wife to
places where she could file charges against me (even if were
false) and offering my family protection shelters so they could
be saved from this newly created "bad dad" image....who might
come close anytime to kill the whole family.
So now, since daddy is so dangerous and willing to do
anything to kill his own children...we need to keep him further
away; So we will advise nice mommy to place more charges
against daddy, but this time; criminal charges...let's make sure
he gets some time in jail for sexually abusing his family, so
let's hope that police keeps him far away from us. because you
have to get used to live without daddy because he never loved
you.. he hit you, he sexually abused you.
Well even if it
sounds sarcastic to some of you, but that is the way the
way the legal system works and the state parasites perform.
They will act as sociopaths ,they will do anything to make sure
that families do get destroyed completely and the "thinker"
father gets completely removed and far away from his children as
the well disciplined and adorable lady gets custody of the
children
My nightmare is one that has been shared by thousands of
divorced dads and some divorced moms. Canada laws maker do not
track child abuse suspects by gender, but national child abuse
stats shows that males have historically been deemed responsible
for
nearly 90 percent of all child and spouse sexual abuse.
Another previously private fact is service worker staff is
overwhelmingly composed of some bizarre group of people , who
apparently investigate mostly men.
Some of these people really act like a sect group. ON
an email my ex sent to my oldest son who lives overseas, she
refers to these people as "very nice" and promised her to do
everything to see her in "paradise" away from evil doer Daddy
(as she takes total control over the custody of the children)
and also promise her a great deal of benefits if she could
follow their cause..which of course meant to destroy her family
and her husband.
Recently I discovered that my wife was unloyal and dishonest
with me after being married for twenty four years years and
being parents of five children. When I confronted her with
the visible proof about this painful deception and directly
asked her for explanations about this matter, she kept yelling
at me and her clever and appropriate answer was "I do what I
want with my body and my life". Since that day my life
turned into a mortal combat fight. She kept manipulating
and indoctrinating my children with hatred and malicious
propaganda against me. My children became my enemies and my wife
became their hero and their omnipresent advisor and
overprotected solo tango dancer.
During those confrontational episodes my wife fully exposed my
children ages 10 and 11 years old to a systematic alienation and
hateful bitter and cruel) behavior against me.
She called the police on me and accused me of child abuse and
also stated that "my children were traumatized with my
presence", and that "they were scared of being alone with me".
As a result of these allegations my children were taken to the
batshaw youth and family centre in Montreal (English speaking
youth protection center), and since that day I have not seen
them or heard from them (except from a third party).
A few days latter, the police came to my place to inform me that
I should not try to approach my family for I will be immediately
arrested and charged. They(police) reported to me that
"there are serious criminal accusations against me stemming from
my wife for sexual aggressions" ,and that" my family is being
protected from me at an unknown shelter somewhere in Montreal".
The same day, I learned that my wife has taken all my
money from the bank (money that was not hers)
I requested several times from the Batshaw youth and family
centre a supervised visit to see my children. Those
requests were declined from my wife with the pretext that that
"my children did not want to see me anymore". I tried
several times to write messages to my children on their
messengers msn hotmail to be in touch with them, but I received
mainly cruel rejections and hateful resentments. I also
noticed that most of the writings were done by someone else and
the nature and content of their messages were not truly
theirs,but someone older who meant mainly hatred and death to
one's fellow man.
I recently received a letter from the youth and prevention
centre indicating that my case was closed due to the fact that
there are no motives for the children to be at risk with their
father.That is to say That "I am not an abusive father" as my
wife declared to the police.
The following day a police detective called me to say that "my
wife dropped the criminal charges and the case is closed due to
no evidences pertaining to the accusations presented by my
adorable and caring wife .
The legal system has taken all my rights away as a father.
I do not know what is going on with my family. I feel
humiliated and a hostage of my wife's manipulations and her
obsessive desire to see me in jail and destroyed at all cost.
On June 16,at 2 a.m. police officers knocked my door and
asked me to sign a Protection Order sent to me by
Provincial Court of Manitoba. The document literally
indicated that my lovely wife was on holiday somewhere far away
with my children without my consent or a court order of custody
and that new accusations of the same nature were presented this
time in Winnipeg against me, and that the protection order
strictly prohibits me from seeing my children for three years or
face severe consequences (all in the name of keeping the father
away from loving and seeing his children).
Did she have to go all the way to Manitoba to get her
credibility back?. Would it not be better if she could
have stayed and has a shared custody of the children instead of
running away from a Montreal judge who might not believe her
victim's story tale anymore? This is equivalent to a
surprise knock out punch but with a low blow effect. The
more my wife gets free rides in the legal system and attention
for her compassionate and suffering life the poorer and
disqualified I get for life sentencing .The more obsessive and
compulsive my wife gets to see me humiliated and punished the
less credibility se gets from people who truly try to help women
who need help..but most of the time do not come forward because
of the Stockholm syndrome vicious cycle. As the stone age
saying goes: "Your happiness is my disgrace...and my
disgrace is your happiness".
Since my wife is now playing "crying wolf" in Manitoba;
for in Montreal the same accusations were proven to be false or
fabricated. New Manitoba tax payers money will be used for
dealing with someone who is morally and spiritually wrong and
who is using these "scapegoats" to run away from her own shadow
based on guilt and shame and who is trying to blame someone for
her own mistakes that she has not dealt with...but as in the
psyche of a pathological sinner the following internal dialogue
can be heard many times as an echo "Love yourself as you hate
your fellow man"!.
Please, I need urgently support and awareness on my case. I need
to appeal a decision taken from a judge in Winnipeg Manitoba
wherein he is again taken my rights as a father (as was done in
Montreal but later found false accusations) and is preventing me
from seeing my children for three years without the right to
defend myself or be represented when new criminal accusations
this time from Manitoba, has been pressed against me by my
wife.I have 15 days left to appeal this decision.
This means that I would need a lawyer from Manitoba, I will have
to travel to Manitoba...and I am truly broke ,unemployed,and
destroyed (criminal accusations had a big impact on all aspect
of my life <lost his job> .)
However, I do want justice and fairness...therefore, I will
continue to fight for the truth on this matter. Sooner or later
truth will prevail. My main concerns are my innocents children
that are affected with problems and conflicts that were never
meant to be part of their precious and innocent life.
Please I need support and awareness on my situation by sending
e-mail to local newspapers (Tv), politicians, social and
community groups.
I am willing to go publicly on this issues for I strongly
believe that alienating (manipulating), brainwashing and
corrupting your children against a parent (mother or father) is
a form of a child abuse and constitutes and offence I would like
the opportunity to challenge the Manitoba protection order and
domestic violence as it is an open invitation to abduct children
illegally within Canada from the other parent, and promotes the
violation of the other parent rights for children custody. It
does not offer a defense nor a representation as when a decision
is taken without the presence of the accused. Totally injust and
unfair, and it is used for people to abuse the system, get
immediate custody of the children for three years under
provincial protection order ,and leaves the other parent without
rights and sentenced to stay away from the children for three
years. My wife gets away with abduction and permanent custody of
my children. And I end up with the debts, false accusations,
criminal records....and very destroyed.
On July 17,2008 Mr. Franklin Andrade was abruptly notified at
1 a.m. by police officers from Montreal about a protection order
and criminal charges placed against him by his wife and children
from Winnipeg Manitoba. This protection order clearly indicated
that Mr. Andrade has already being presumed guilty of those
allegations and is forbidden by legal and criminal measures from
Manitoba to approach or contact his wife and children.
Mr. Andrade was advised to find a lawyer in Manitoba to
represent him during the hearings and procedures in the court.
Unfortunately such a request was impossible to obtain due to the
fact that Mr.Franklin Andrade is not a resident of Manitoba and
this is a requisite to be admitted in legal aid terms and
conditions.
Mr.andrade was accused in Montreal by his wife of the same
allegations.However,those accusations and some other of criminal
nature were either proven false, or his wife was forced to drop
charges because there were no evidences to substantiate those
accusations .Right after Mr. Andrade's">Andrade's wife learned
that her credibility was quite low and could loose the custody
of the children in Montreal for not telling the truth concerning
and for fabricating false accusations ,she illegally decided to
flee with the children, without legal or parental custody to
Manitoba.
Mr.Andrade has made all efforts to contact the police, lawyers
and the court in Quebec and Manitoba, but unfortunately he has
not found cooperation nor legal actions to intervene in this
matter where the children are seriously affected by being used
,indoctrinated, brainwashed, and manipulated by the mother ,and
forcefully removed by incompetent people who have no
considerations for truth, humanity, family, feelings and for
justice. While Mr. Andrade is trying to enforce his legal
rights as a father ,Madam is preventing him to do so by making
several false accusations to find grounds for getting away with
the law and for keeping the custody of the children regardless
of the legal consequences ,and at the expense of Mr. Franklin
Andrade's">'s mental and physical health who is deteriorating
rapidly.
While, Mr. Andrade does not know the whereabouts of his children
since two month ago,his lawyer and the police are saying that
this is not a matter competent to their jurisdiction. While
Madam finds every support and sympathy in the legal system for
her persistent and obsessive efforts to keep making more and
more false accusations, Mr. Franklin Andrade finds himself in a
situation where he could not do anything legal because according
to the advises he is receiving in Montreal ;there are not means
to take legal actions against Madam's persistence and
stubbornness of breaking the law,the safety of the children, and
the destruction of the children's bond with the father.
The same accusations existing now in Manitoba where used by Mr.
Andrade's">Andrade's wife in Montréal. The youth health
protection In Montreal made a full assessment of the children
and found no reason or evidence for child abuse and; both
parents were told by the children aid society workers to get
legal advises to deal with the custody of the children as they
realized that the children were not at risk as the mother has
claimed .Therefore this case was closed for no evidences or risk
against the children.
Mr. Andrade appealed the probation order in Manitoba. However he
was informed by a staff worker at the court in Manitoba that
"the application to set aside this order was refused because
there are no address to contact the mother.
Mr. Andrade feels that his rights have highly been violated by
the same laws that are supposed to protect people from
wrongdoings and offenses. He also feels that all his rights have
been removed from him as he has no saying or knowledge
concerning his family. His children were abruptly and illegally
removed from his house and from his life by police officers,
social workers, shelter counselors and now by judges in
Manitoba. And even though everyone knows in Quebec that his wife
has no credibility for accusations she has made in previous
months as were proved to be false ,they now keep on taking her
allegations in Manitoba and to further preventing the closeness
and the contact of the father with his children.
Mr.Franklin Andrade has decided to come forward publicly for he
feels injustice and incompetence are the result of a bad
practice and bad application of the Canadian laws; as he does
not see fairness and humanity for what he and his children have
to go through as Madam is willing and capable to do anything to
see her objectives accomplished, even if malicious methods are
used to prosecute Mr. Franklin Andrade.
For twenty-four years as a husband, I hardly understood the
verses that condemned adultery and explained its consequences. I
faithfully honored my marriage vows . However, I never really
understood the ravaging and devastating effects of adultery on
someone's life until it happened to me! The betrayal of one's
partner in a marriage is probably the most shocking and
traumatic event that can occur in a person's life. Not any other
forms of treachery touched me as deeply as my wife infidelity.
Our ;love was shattered, our trust was destroyed, our family was
torn destroyed, and our children bear the pain and the suffering
for something they did not fully comprehend. The most difficult
decision I ever made was confronting and facing my wife for her
her adultery affair .
One late night ,I noticed that her email messenger was left
open.I just could not believe what I was reading,my own wife,the
same person who everyday encouraged me to full commitments and
values of marriages was cheating on me.The same person who
reminded me everyday that happy and united marriage is the
solution for smart and happy children.
I still remember that when I asked her to explain to me her love
confession and affair with another man her unpredictable and
irrational answer was:"I do whatever I want with my body and my
life.I just could not believe what I was experience;my lovely
and caring wife was coldly and indifferently was recognizing
this affair without any form of guilt and shame and in front of
my children.I looked at my children and they all knew about
it...they just were brainwashed to think that what mom was doing
was okay as long as she did it because Daddy did not love her
nor the children
.
The initial shock was unavoidable when I learned of this affair
adultery,I said to myself : "this can't be real." It is like
having a horrible nightmare from which you cannot escape. The
thought "this can't be happening to me" replays itself
over-and-over again in your mind. The only interruption is the
anger and hatred that must be battled to maintain one's sanity.
Adultery leaves the innocent spouse with feelings of depression,
guilt and humiliation. Self-esteem reaches an all-time low,
whereas, self-pity reaches an all-time high.
I hardly got any sleep during the first few months after the
adultery. When you do sleep, the dreams are so troubling that
you begin to abhor the thought of sleeping. Eating became a
nauseating necessity. Crying was about the only I felt like
doing and doing often. My broken-spirited heart will cry in the
morning, throughout the day and at night; will cry alone,
without children and with my friends. Only God knows many of the
tears I shed, especially those shed by my innocent children of
our broken home. We must never get the impression that grieving
over death and adultery are the same. I would much rather grieve
over a marriage partner who died naturally and accidentally than
to grieve over a marriage that died in adultery!
It is incredible how lonely and empty I felt. You feel as if
there is no life left in you. Your heart is broken. Your dreams
are shattered, and you don't want to go through another day.
Adultery, the ultimate act of betrayal, blinds one to everything
that is good. If suicide were a scriptural option, it would be
considered as an alternative over living and facing the unknown
future. Marital infidelity has the devastating power to crush
one's hopes for the future. You repeatedly ask yourself: How
could this person I loved with all my heart destroy OUR future
plans? Together we planned to play with our grandchildren, to
enjoy life to its fullest and to rest in peace beside each other
-- plans and dreams that will never be fulfilled.
After all the accusations made by my wife against me were proved
to be false in Montreal,she decided to flee to winnipeg from
montreal but this time and all the other times trying to escape
from her own malicious and dark shadow based on guilt and shame
.
From Manitoba now she is accusing me of the same criminal
offences than in montreal while she keeps indoctrinating and
brainwashing my children with distorted and manufactured lies
with the simple reason to find a pretext to blame others for her
own mistakes on bad moral and ethical example for our children
who are alieanated and hateful againts the father because they
are indoctrinated like members of a sect by her dear and lovely
guru mother.
I still believe in the sanctity and beauty of marriage and look
forward to being married again, but I abhor adultery with a
greater passion than ever imagined.
Comment survivre à un imbroglio juridique au
Canada? Montréal le 8 juillet 2008
Press release in Montreal,Quebec concerning the presumed
guilty of false accusations in Manitoba
17 juin 2008, 1h00 du matin. Monsieur Franklin Andrade, canadien
, reçoit la visite des forces policières à son domicile de
Montréal. De façon cavalière, on l'informe qu'une plainte
d'agression sexuelle sur sa femme et ses enfants a été portée
contre lui devant la Cour provinciale du Manitoba. Une
ordonnance de cette même cour lui interdit d'approcher sa
famille pour une période de 3 ans. Il a 20 jours pour contester.
À ce moment-ci, à moins que quelqu'un ne se décide à défendre
les droits de monsieur Andrade, la police peut débarquer chez
lui d'un moment à l'autre et on l'ammèra derrière les barrreaux.
Un juge de la Cour du Manitoba lui a tout simplement refusé la
contestation. Pas d'enquête! Pas de procès! Ni même une
audience! Il semblerait qu'ici au Canada, dans certains cas, on
soit présumé coupable. Du moins c'est ce qui nous semble à ce
stade de l'histoire.
Les faits
Ce qu'il faut savoir, c'est qu'après une première tentative
infructueuse pour faire inculper monsieur Andrade d'un crime
semblabe ici au Québec, madame a abandonné la poursuite. Après
quoi, elle a pris la poudre d'escampette direction Winnipeg, en
compagnie des deux enfants du couple. Il s'agit pourtant d'un
geste illégal, pense monsieur, puisque des procédures étaient en
cours visant à établir les droits de garde des enfants.
Effectivement! Des procédures doivent être prises d'urgence afin
de saisir les tribunaux. Lui confirme-t-on.
Préjugé défavorable
Ici, monsieur Andrade, toujours confiant en notre système
judiciaire, a tout de même une lueur d'espoir. Mais cette lueur
vacille devant l'obstination de la juge de la Cour provinciale
du Manitoba qui a émis l'ordonnance. Celle-ci a tout simplement
pris la dame sous son aile.
En état de choc, l'homme appelle à la Cour du Manitoba et
explique. Au premier abord, on l'accueille plutôt froidement. (N'est-il
pas un violeur d'enfants?). Monsieur s'active donc afin de
rétablir les faits. Il multiplie les interventions auprès des
instances juridiques des deux provinces. Finalement, on lui tend
une oreille attentive et on comprend toute l'histoire.
Vide juridique et imbroglio
Partout, on reconnaît l'irrégularité de la situation, mais
plutôt que de se parler, les instances des deux provinces se
renvoient la balle continuellement. C'est donc à Monsieur
Andrade qu'il revient de composer avec une situation qui semble
échapper à la compétence des représentants de la
justice.Difficile de s'y retrouver dans cette masse
d'informations contradictoires.
L'équation est pourtant simple: pendant que monsieur tente de
faire respecter ses droits parentaux et ceux de ses enfants,
madame entrave le processus normal en portant des accusations
graves au criminel, (à deux reprises) se prévalant ainsi de la
protection des tribunaux.
Là où ça se complique, c'est qu'il est impossible d'assigner
madame à comparaître car le tribunal (par le biais de madame la
Juge) assure sa protection! Pas d'adresse, pas d'assignation!
Pendant que l'avocat de l'Aide juridique mandaté au civil attend
les bras croisés que l'adresse de madame lui arrive sur un
plateau d'argent, monsieur tente d'assurer sa défense au
criminel. De ce côté, on prétend qu'aucune démarche ne peut être
entreprise avant que les procédures civiles soient engagées.
Retour à la case départ.
De son côté, la police manitobaine attend des nouvelles de ses
collègues québécois. La police québécoise reste passive, se
contentant de dire qu'elle appuiera monsieur, si (et seulment si)
le camp manitobain prend contact avec elle pour connaître les
conclusions de l'enquête. Idem pour la DPJ du Québec qui a fermé
le dossier. Bref...Question "communication", on repassera!
Pendant ce temps, Monsieur fait la navette entre le bureau de
l'Aide juridique, le poste de police et son téléphone qui ne
dérougit pas. On l'informe qu' il ne peut se faire représenter à
Winnipeg, car n'étant pas résident du Manitoba, l'aide juridique
ne peut lui être accordée. Il doit donc assurer seul sa défense!
Le temps file... Le délai de 20 jours fond comme neige au soleil.
Présumé coupable
Devant tout ce qui a les apparences d'un vide juridique,
Monsieur Andrade est tenace! De fil en aiguille, il a quand même
réussi à se faire des alliés à la Cour du Manitoba. C'est ici
que, dans une tentative ultime de faire avancer les choses, on
lui fait parvenir ce fameux formulaire de contestation via
internet. "Mesure d'exception" lui a-t-on dit! Son avocat se
déciide enfin à lui donner un coup de main, remplit l'affidavit
et le tout est expédié par poste prioritaire, à quelques jours
de l'expiration du délai.
Mais à Winnipeg, aucun argument ne peut convaincre madame la
Juge de l'innoncence de monsieur: ni le témoignage de son fils
de 18 ans demeuré au Chili qui fait état de l'instabilité
émotionnelle de sa mère, ni le rapport de la DPJ du Québec qui
démontre clairement que monsieur n'a rien d'un violeur d'enfants
mais qui, par ailleurs, questionne le côté manipulateur de la
dame envers les enfants, ni le fait que l'enquête policière du
Québec n'ait mené à rien d'incriminant. Aux yeux de la juge,
tout ce qui s'est passé au Québec n'a aucune importance. Madame
a pris la fuite pour se protéger, elle et ses enfants . Un point
c'est tout! La contestation lui est donc refusée.
Pour plus d'informations, prière de contacter
Franklin Andrade
Karine Demers (amie de la famile de monsieur Andrade)
(514) 768-2385
Suzanne Doray, intervenante
Parents et amis du bien-être mental du sud-ouest de Montréal
(514) 368-4824
Legal system in Canada needs to be reformed
Posted Jul 20, 2008 4:00 PM
What happened to my family is unforgivable. And that it was
all sanctioned - ordered - by a system that is supposed to help
families.. is outrageous.'
The controversial family court system has much to answer for in
this case and many others I am not the only and the first father
who has questioned how it operates. Family court proceedings are
notoriously secretive, and public opinions have long appealed
for the proceedings to be more open and judges more accountable.
If it doesn't change, the family courts are open to abuse by
unaccountable judges and social workers with their own agendas,
whose word is taken as law and who almost invariably favor the
mother or the real abusers of the legal system.
It's a scandal which has left hundreds of fathers like me in
desperation. The only solution is to have a court system that's
transparent. Otherwise it is simply not fair to fathers or, more
importantly, to the children it is supposed to protect.'
There is no morality values involved in the approach that many
of these workers favor. In most cases these social service
workers are insensitive and unconcerned about the well being of
the children and the fathers. In many occasion I was exposed to
this kind of coldness and indifferent responses from some of
these workers.
One day, I received a phone call from my son who was placed
against my will and for no reason at all in a shelter. My son
was crying , and he needed to be with daddy. Even though my son
was not allowed to make home calls for I was being investigated
by youth protection worker as a potential candidate for child
abuse, he still managed to communicate with me to express his
anger and frustration at the way he was living an unstable life
without his daddy.
If I had the right word to describe why my children ended up in
a foster home, I will have to say that my children were
kidnapped from my home and taken away from by the malicious
request of my wife that accused me of abusing and traumatizing
my children my children and by unconsidered social worker who
knew from the starting point that there was no risk for the
children at home.
Once your children are taken to a foster home or a to shelter
you do not hear a word from nobody about their well being and
safety. These worker do not care about the anguish and worries
,you as a father goes through. they are not there to show
concerns or inform you about your children. And if you ever try
to contact them they hardly ever respond you right away. And if
you do inquire about your children ,they seem to get annoyed at
you. In other words some of these worker treat you with no
respect and dignity. your children are part of their work
routine, just a another number of the cruel legal system.
The whole event was outrageous. every time my wife needed some
clothes or personal objects from home, police came to my place.
It seemed as if they were dealing with the worst criminal in
town. I did never saw less than five police officers at my
place. They told me to stay away in a separate room, far away
from the poor victim who was accusing me of children's abuses
and sexual offenses.
Honestly, I have never seen so many police officers in someone's
place before and I have never experienced so many police officer
interfering in my private life by telling me where to remain,
not to move and to remain silent. I hardly never being regarded
in such a suspicious way.I learned that police officers are
there to protect order and citizens. but in my case, I could not
quite understand why in the world I was so many times visited by
unexpected police officers that arrived in my place at anytime
they pleased.
The day that my children were taken away from my home, there
were more than ten police officers in my house. They stayed
there for several hours to wait for the arrival of the social
worker who will definitely accomplish the mission of legal
removing the children from the family ,from home and from daddy.
I still remember that I and the social worker could not get
along well. I insisted that my children were not at risk and
therefore they should not be removed. She cleverly replied that
they were not there to please my views ,but rather they were
doing what my wife requested ..and that is taking the children
away from a dangerous and criminal father. In a effortless
manner I tried to explain this worker that it was illegal to
remove my children this way for there is no danger for them at
all.
..Not matter what I said or explained..she just did not care.
that is the profile of some of these workers:" insensitive and
cold".
L'histoire d'un homme qui tente de se faire
entendre par la justice canadienne
Posted Jul 19, 2008 5:52 PM, Communiqué
pour diffusion immédiate La loi c'est la loi!
17 juin 2008, 1h00 du matin. Monsieur Franklin Andrade, reçoit
la visite des forces policières à son domicile de Montréal. De
façon cavalière, on l'informe qu'une plainte d'agression
sexuelle sur sa femme et ses enfants, a été portée contre lui
devant la Cour provinciale du Manitoba. Une ordonnance de cette
même cour, lui interdit d'approcher sa famille pour une période
de 3 ans. Il a 20 jours pour contester. En attendant, il
semblerait il">qu'il soit présumé coupable.
Ici à Montréal, on lui dit de trouver un avocat à Winnipeg.
Impossible, l'informe-t-on là bas. L'aide juridique du Manitoba
ne lui est pas accessible parce il">qu'il n'est pas résident de
cette province. Difficile de s'y retrouver dans cette masse
d'informations contradictoires dans laquelle monsieur Andrade
doit SEUL se dépêtrer depuis deux mois, au péril de sa santé
physique et mentale.
Ce il">qu'il faut savoir, c'est qu'après une première tentative
infructueuse pour faire inculper monsieur Andrade d'un crime
semblabe ici au Québec, madame avait pris la fuite avec les deux
enfants du couple, direction Winnipeg. "Geste illégal" a-t-on
dit à Monsieur Andrade, puisque des procédures étaient en cours
pour faire établir la garde des enfants par les tribunaux. Alors,
comment madame est-elle arrivée à convaincre le tribunal du
Manitoba du bienfondé de ses allégations, si ce n'est en cachant
les faits aux autorités.
Monsieur a donc rétabli les faits en multipliant les
interventions auprès instances juridiques des deux provinces. On
a reconnu l'irrégularité de la situation, mais plutôt que de se
parler, les deux instances se renvoient la balle continuellement.
C'est donc à Monsieur Andrade il">qu'il revient de composer avec
une situation qui semble même échapper à la compétence des
tribunaux.
L'équation est pourtant simple: pendant que monsieur tente de
faire respecter ses droits parentaux et ceux de ses enfants,
madame entrave le processus normal en portant des accusations
graves au criminel, (à deux reprises) se prévalant ainsi de la
protection des tribunaux. Là où ça se complique, c'est il">qu'il
est impossible d'assigner madame à comparaître car on doit
assurer sa protection! Donc, pas d'adresse, pas d'assignation!
Pendant ce temps, avocat">l'avocat qui s'occupe du dossier au
civil (divorce et garde des enfants) dit que ce n'est pas son
ressort et attend les bras croisés que l'adresse de madame lui
arrive sur un plateau d'argent. Côté criminel, on prétend
qu'aucune démarche ne peut être entreprise avant que les
procédures civiles soient engagées. Pendant ce temps, monsieur
ne peut se faire représenter au criminel à Winnipeg et la police
reste passive, se contentant de dire elle">qu'elle appuiera
monsieur, si (et seulment si) on prend contact avec elle pour
connaître les conclusions de l'enquête. Idem pour les DPJ qui a
fermé le dossier reconnaissant que monsieur n'a aucunement le
profil d'un agresseur d'enfants. Question "protection juridique",
on repassera!
Monsieur Andrade est tenace! De fil en aiguille, il réussit
quand même à se faire des alliés à la Cour du Manitoba. Dans une
tentative ultime de faire avancer les choses, on lui fait
parvenir un formulaire via internet. "Mesure d'exception" lui
a-t-on dit!
Mais encore là, peine perdue! Après avoir dûment complété le
formulaire accompagné d'un affidavit expliquant la situation,
témoignages à l'appui, une autre porte s'est refermée sur
Monsieur Andrade. On lui refuse la contestation. Son fils de 18
ans resté au Chili témoigne de ce il">qu'il a vécu avec sa mère
: irritabilité, dépression, instabilité émotionnelle. Mais rien
n'y fait! L'affidavit n'était pas conforme, lui laisse-t-on
comprendre. Question de technicalité donc? Va savoir! "La loi,
c'est la loi!" Et la justice pendant ce temps?
Maintenant citoyen canadien, Monsieur Andrade vivait au Chili
lors du coup d'état. Il croyait bien avoir tout vu. Mais,
apparemment, il n'était pas au bout de ses peines... ici">D'ici
deux jours, à moins que quelqu'un ne se décide à bouger, la
police débarquera à nouveau chez Monsieur Andrade et on l'ammèra
derrière les barrreaux, à moins il">qu'il ne trouve enfin
quelqu'un pour défendre ses droits!
Hello, I am ready and willing to testify on behalf of Mr.
Franklin Andrade. I fully support his cause for truth and
justice. I strongly fell Mr. Andrade has been unfair treated
by the Canadian laws. I am aware of al these false
accusation with the malicious intention to take the custody
over the children away from him.
I am a close friend of this family and I perceived myself
from the beginnings the the manufactured lies portrayed by
his wife, his hatred propaganda to brainwash the children
against the father, and her compulsive and irrational
behavior to discredit Mr. Andrade at all cost.
I also noticed that the children are not the same
anymore. They lost interest for life, the are very sad and
confused as the mother directly exposed them to the conflict
and to the new reality of her extra-marital affair.
My name is Alvaro Alvarez, and I will likely
travel to Winnipeg to testify on behalf of Mr. Andrade
Witness to support Mr. Andrade fight for justice and truth.
Posted Jul 20, 2008 10:56 AM
Bonjour, je me nomme Karine Demers. Je suis
une grande amie de M.Franklin Andrade. Je vous envoie cette
lettre afin de solliciter votre attention. Celui-ci vit de
grandes injustices impliquant notre système judiciaire. Nous
souhaitons obtenir votre aide afin de révéler les faits au grand
public. Moi et mon conjoint habitons en colocation avec
M.Andrade, nous sommes très ouverts à vous communiquer tous les
détails de cette tragique histoire.
Voici le récit de cet homme qui tente
d'obtenir justice et qui a été privé de son droit à la
présomption d'innocence.
Merci de votre précieux soutien.
Karine Demers tél.: 514 768 2385
Manitoba's Child Custody Enforcement Act
"The Child Custody Enforcement Act can help a parent
enforce a custody or access order where the child is under 18
years of age. If the child is still in Manitoba, or has been
brought to Manitoba, a parent entitled to custody or access
under an order can ask the court for an enforcement order. The
enforcement order may require information about the location of
the child to be provided to the court, or require the police to
help the parent get the child back from the abducting parent or
help the parent exercise access times set out in the order. The
court may refuse to enforce a custody or access order if there
is a concern that doing so would cause the child serious harm.
The Child Custody Enforcement Act can be viewed
here
"In addition, when a parent takes a child away from the
parent given custody in a court order, or denies court ordered
access, contempt proceedings may be started to bring the
abducting or access-denying parent before the court that made
the order. Contempt proceedings may be brought any time a person
disobeys a court order. The court may impose a fine or jail
sentence, or both, or order additional access times if satisfied
the order has been disobeyed. If access is being denied or not
being exercised, the court may order the parent who is not
obeying the order to pay compensation to the other parent.
"If a Manitoba child has been taken to another province, civil
court proceedings to enforce the custody or access order and
have the child returned must be taken in the other province.
Usually parents entitled to custody must hire their own lawyers
to enforce the custody or access order in that province. In most
provinces, the court can refuse to enforce the order if
satisfied that doing so would cause the child to suffer serious
harm or if satisfied that the child has no real connection with
Manitoba because of the length of time he or she has been living
elsewhere."
The Hague Convention on the Civil Aspects of International
Child Abduction
If a parent abducts a child from Canada (or
to Canada from another country) an international treaty called
The
Hague Convention on the Civil Aspects of International Child
Abduction (The Hague Convention) may be of assistance
in having the child returned. The treaty allows custody rights
(whether or not there is an order) and, to a lesser extent, it
also allows access rights to be enforced internationally when
the abducted child is under 16 years of age.
The Hague Convention requires that children wrongfully removed
from the country of their residence or wrongfully kept in
another country, when the left-behind parent has custody, be
promptly returned to his or her home country.
There are some limited exceptions to the requirements in The
Hague Convention to return children, such as if a child would be
harmed if returned or if the child wishes to remain in the other
country and is old enough to have his or her views considered.
A much less difficult test applies when requests for return of a
child are made more than a year after the child’s removal – the
court in the other country can refuse to return the child if it
feels the child is now settled in the new country. For that
reason, it is extremely important to request the return of the
abducted child at the earliest opportunity.
About 75 countries around the world have now signed and agreed
to comply with the terms of The Hague Convention and the
convention is in effect between Canada and 68 of these
countries. For more information about how to request a child’s
return and to learn if The Hague Convention is law in the
country where a child has been taken, see the website for the
Permanent Bureau of The Hague Conference at:
http://hcch.e-vision.nl
or contact: ..
Disclaimer: EqualParenting-BC.Ca encourages exercising democratic
rights such as the freedom of expression, but does not by association or
reference to other materials condone or sanction violence or hatred.
