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| Baby B and Daddy in love |
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| Baby B Looking Fantastic |
Words cannot achieve what these images achieve. This is Zabeth's family after all, children she birthed.
Paul and Zabeth authorized my display of these family photos downloaded from her Facebook page where she posted them.
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| An A&W Date Night |
It is the 19th of September and then 2 days remain until Ministry counsel sums up the case for keeping the children away from their parents.
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| Which girl will win? BOTH! |
The Bayne family make the most of the few hours per week that they are permitted to be together. They should not still be apart.
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| Dad and his Lads |
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| Cool Drink in a Frosty Glass |
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| The Family that Plays Together |
Visitation is always supervised by someone hired for this task of delivering the children to the visitation site and then staying with the family and providing a report of the visit. Paul and Zabeth snap these visual memories of the visits as often as they can. the children have developed and grown so much over these past three years.
Since Judge Crabtree extended access hours from two days to three days per week, one of these days has become a community visit, that is at a venue away from the customary visitation centre and this has been freeing and fun.
Like you, I cannot imagine how these two parents cope with the daily and weekly strain and pain of this disturbing reality - a Ministry still determined to break up the family permanently. They survive by God's comfort alone, is what they would say.
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| What a great Story |
The ministry says it still has concerns. What concerns? Certainly not concerns about the best interests of these children.
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| The End of the Story is Coming Soon |
Concerns that one or more parents hurt the baby girl? Only the judge's ruling can put that to rest I suppose. Until then, suspicion rather than evidence fuels the CCO application. Until then a medical diagnosis that has been seriously questioned and weakened are the underpinning for the application. Until then, an obviously subjective and skewed assessment of these parents maligns their character.
These are children who should be with their parents. They must be returned.
Since Judge Crabtree extended access hours from two days to three days per week, one of these days has become a community visit, that is at a venue away from the customary visitation centre and this has been freeing and fun. 
What a fine looking family!
ReplyDeleteThere are quite a few more photos and albums on the facebook site viewable by those that Paul and Zabeth select as friends.
See http://www.facebook.com/#!/album.php?aid=32089&id=100000206176739&page=3
I hope video and photo evidence was submitted.
Some might say emotional appeals have no place in child protection cases, but when there is no evidence of deliberately inflicted injury, demonstrating the best interests of the children and their current attachment to their parents become important.
There needs to be some focus by Mr. Christie with reference to relevent points of the CFCSA, because I suspect Finn will go all out and try to box in Judge Crabtree with a legal argument, in much the same manner as he did when convincing the judge to refuse unsupervised access.
The legal argument and case law Finn will need to come up with, I suspect will have Judge Crabtree and Mr. Christie staying up many late nights to respond to.
It is likely the government will 'grudgingly' submit to an unconditional return of the children, but there may be an order that permits Ministry continued involvment to ensure a smooth transition of the many 'services' the children are currently receiving through the Ministry.
There exist legal arguments that says that while such visitations with children are great for parents, a lengthy stretch of ongoing visits confuses children in terms of who they are supposed to bond with.
This alone is often used as an argument for retaining children with a CCO when other factors relating to proof of the source of injuries are weak.
Fortunately, Judge Crabtree has clearly demonstrated he is willing to go against the grain:
- He opened up the case to the media by disallowing Finn's application to lock out publication, and Finn chose not to fight it.
- He permitted the identification of an anonymous reporter who declared irrelevant derogatory information on Paul's family before he was born
- He allowed 50% more access, and all of that in the community.
- Transcripts of the oral summation of each side are ordered, and Mr. Christie gets a second chance to respond to Finn's argument this coming Tuesday September 21st.
- Expert evidence reports were allowed into evidence without requiring all the responding experts to be declared as such, and not having to require the attendance of each expert to testify
The stakes appear to be very high for the government, should they lose this case, the consequences may include:
- possible lawsuit from the Baynes on violating rights violation delay for justice s.7, s.24
- lawsuit for medical malpractice due to inadequate standard of care, and refusing second opinions by biomechanical experts
- lawsuit against MCFD for misfeasance, tort, malice, breach of agreement, no warrant, lack of services offerred
- loss of Dr. Colbourne's SBS diagnosis ability for the BC Children's Hospital, as her credibility would be shot, other parents will use this case to argue any such diagnosis is faulty
- public inquiry as to the reasons for the delay and examination of the total cost and demand justification for this magnitude of prosecution
- independent examination of the three children to reveal an accurate picture of their current physical and emotional health. Assessment of damages due to lengthy separation from parents an ongoing care required.
- inquiry into foster care injuries and effects on the children with multiple moves
I'm sure others can add points.
No doubt the government realizes if they keep the children, the Baynes will become martyrs.
I would imagine the government will want the case to just go away after they allow the children to return, and hope the Baynes will become so busy with the business of childcare and depleated of resources, they will not have any energy left over to do a proper followup to hold the government accountable.
Three years in limbo enduring supervised visitation with ones own children is truly a nightmare.
ReplyDeleteIf judges are throwing out cases left right and center because of delays in due process, this alone justifies throwing the Baynes case out the window and ordering the returning their children.
See another story about court delays because of not enough judges:
http://www.cbc.ca/thenational/indepthanalysis/gopublic/story/2010/09/13/bc-cloggedcourts.html
This story has a remarkable 433 comments as of this writing.
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Another story about the governments capability of stripping away rights of seniors so they gained control of an invalid wife of a man complaining about her care. It is not just the rights of children and parents we need to worry about. 545 comments.
http://www.cbc.ca/thenational/indepthanalysis/gopublic/story/2010/09/06/bc-rightsremoved.html
What a beautiful family. Thank goodness for God's comfort, because this must be so, so difficult for all of them. Let's pray that they are reunited, soon!
ReplyDeletePosting these photos is a wonderful way to humanize this warm, loving family, and show once again how unjust their forced separation is. Words can only say so much. Please post more photos if you can, especially as the trial is so close. Thank you, Ron, and Paul and Zabeth Bayne, for these photos.
ReplyDeletereturning children is the only safe way for CPS to get out of the mess they created. As another poster stated Baynes will be too busy attending kids to sue the government (i am talking from personal experience), unless another lawyer takes it pro-bono. Any newly graduated lawyers out there? For all the parents and children victimized?
ReplyDeleteThere have been 2182 comments left on this blog site.
ReplyDeleteReaders may like to know about a recent Vancouver Sun article regarding how delays affect children:
ReplyDeletehttp://www.vancouversun.com/news/Court+delays+harming+kids/3513096/story.html#ixzz102ctng5D
Interesting as well to note how Turpel-Lafond points out that harm is done by delays:
"The issue for me is what harm may come in the life of a child by these delays," said Turpel-Lafond, herself a provincial court judge from Saskatchewan, on leave while she serves as B.C.'s children's watchdog. "The evidence is incontrovertible that these children are harmed."
I really have to wonder about the allegation that 20 percent of children who go back to their homes will be abused. This appears to be Turpel-Lafond's quotation, though I can't be sure. I'd really like to know where that statistic, if it can even be called that, came from.
Bayne Family
ReplyDeleteAt the beginning of our nightmare in Jan 9 10 I started researching and found this family. I don't know the whole situation or if this will help. We just were cleared by a coriner on our situation 9 months later!!!! Our daughter was taken away for 49 days. If William would not have died then they would have only went by want Vanderibilt said and we would probably be in jail. Come to find out Williams retinal bleeding and hemoraging was from strokes and heart defect. I am copying the links to our story. So sorry and I pray it works out. God is good he will take care of you. If you have any questions you can contact me at cheri.green@live.com. You will have to copy and passte the links.
Tennessean
http://www.tennessean.com/article/20100919/NEWS01/9190383/1001/NEWS
WSMV
http://www.wsmv.com/news/25029185/detail.html
Channel 5
http://www.newschannel5.com/Global/story.asp?S=13170247
Now this is back in February - the terrible things that were being said about us because of what Vanderbilt said:
http://www.wsmv.com/video/22469150/index.html
http://www.wsmv.com/news/22414790/detail.html
http://www.newschannel5.com/Global/story.asp?S=11929551
http://www.tennessean.com/article/20100205/NEWS03/2050344/Baby-s-tragic-beginning-tragic-end