Monday, March 15, 2010
Part 137 / Application to Return the Boys / For Love and For Justice / Zabeth and Paul Bayne
There is a concern that this court case is in a holding pattern. Prior court days were occupied with the MCFD presentation of their case. What remains is the Baynes' presentation of evidence, testimony and experts' reports and perhaps two weeks of court time are required. Court time is backlogged and possibly the Baynes might have to wait until June for resumption of their case. The Case Manager for the Provincial Court of British Columbia is presently seeking to set dates for two this continuance. One date is for a one day hearing for the Crown to hear the Bayne motion for the return to the two boys to their parents. The second date is a multi-day series for the remainder of the Bayne evidence and testimony presentation. Of course the Baynes are anxious to proceed.
The delay is generating additional stress on them as well as hardship for their children. In view of this, before the last session concluded, Paul and Zabeth and their counsel Doug Christie raised the matter of the boys' return with Judge Thomas Crabtree.
Honourable Judge Thomas J. Crabtree expressed willingness to hear Paul and Zabeth Bayne's application for the return of their two oldest children, their boys. Their application is based in part on the earlier broken mediation agreement - broken by the MCFD not the Baynes, and in part based on the lack of evidence for the removal and retention of the boys. In fact, MCFD's counsel Finn Jensen communicated to MCFD in 2009 that the boys should be returned due to this lack of evidence. MCFD chose to ignore that advice. Before the final day in court recently, Lawyer Douglas Christie reopened this application. Judge Crabtree is prepared to hear arguments from both sides and has instructed the court clerk to find a date for this particular hearing, and the remaining days needed for the primary hearing of the Continuing Custody matter. Everyone waits to hear the schedule.