By any definition of the best interests of a child that is a long time away from the care of the biological family. And given the fact that this girl never suffered any abuse or neglect when in the care of her father and mother, and the Ministry acknowledges that, twenty-seven months in foster care is inconceivable. I chose that last adverb deliberately, in order to underscore that our experience with cases managed by the Ministry presents predictable evidence that long delays in returning a child to parents are the norm. The fact that this protracted separation is now conceivable, is inconceivable. Last year Amie was finally being allowed regular visitation, then unsupervised visits, and then overnight. Suddenly it stopped. An overdue explanation informed her that something required investigation so visits were suspended.
Amie wrote,
“Today I was allowed to see my daughter for the first time in weeks. She was able to express that she was angry because she missed me. Though there is no explanation I can provide that she is able to understand, it was very positive. Surprise, surprise, she did not want to go home. As an added little gem, she has taken to calling me Amie instead of mommy part of the time. I assume she has heard my name come up and have no idea under what context. "
"The investigation that prompted visitation to be suspended is inconclusive. I will say only that Ayn made a comment that is concerning (which did not associate with myself or Derek specifically) yet her access to both her parents was stopped. My earlier access had been approved for up to 3 times a week with the ok for over night visits. Initially, under the guise of "following Ayn's lead" as not to overwhelm her, I was told we would resume visits gradually with 1 1/2 hrs. a week. We were able to negotiate for a full visit starting with once a week... Once a week. I exercised extreme restraint in not voicing exactly what I thought of that! I know this post will raise questions. I have few answers and I know I'm being slightly vague... “
“Court is again on Tuesday. We forfeited the trial dates back in December when we signed a consent order with a 90 day return plan. We have not signed a consent order since then. We may get new trial dates on Tuesday. We won't be signing another consent order. The social worker, ministry lawyer, myself and my lawyer will be having a meeting in the near future."
Asked whether Derek had also been given a resumption of visits at the time of writing this note, Amie said, “He has not. They don't want Ayn to be overwhelmed. Ayn talked about seeing her dad (Tuesday 23rd). I told her we were working on it. She downloaded a picture of him and told me she missed him and "older Wyatt.”
BULLETIN: AMIE WROTE .. "Court was adjourned for another month. A meeting is going to be set up with the social worker, ministry lawyer, myself, and my lawyer. Again I have few details. I can't really elaborate. I just want this nightmare to end."
It is unbelievable really ... MCFD managed to cancel the Court date ... Here was Amie's comment today, "Court was adjourned for another month. A meeting is going to be set up with the social worker, ministry lawyer, myself, and my lawyer. Again I have few details. I can't really elaborate. I just want this nightmare to end."
ReplyDeleteHas Amie or anyone involved ever considered becoming "out of order" in the courtroom.....stand up without permission and let loose until you are dragged from the courtroom, but never stop...........
ReplyDelete"Your honor, I beg of you to look at our case, please. Over two years, no charges, no abuse, no neglect, and not one day in court in over two years. Never even the ability to question the original removal, to ask you or any judge to review the reasoning behind removal, no chance ever to rebut, present evidence or witnesses. No one, not once in two years has required MCFD to justify, provide evidence, or even give their reason for the original removal while leaving our other two children with us. We deserve a day in court, we deserved it two years ago, now they have stolen two years of our lives, two years of memories, forever destroyed our happy home, the security of all three of our children who think they could be removed at any minute. A judge gave a temporary order two years ago that was ignored by MCFD. Last November they promised a 90 day return plan to keep you, the judge from seeing the truth and our case the light of justice in a court room for the first time ever, and it has now been over 300 days since that 90 day promise. Then again this summer, to keep the truth from your judging eyes they told us the return would happen in August, it is now almost October. No return, no day in court, no oversight, no one has to be answerable to anyone and for over two years the MCFD has pulled the wool over your eyes as a judge, toyed with the judicial system and our children's lives. I beg you to investigate and see I am speaking the truth. This is not just injustice, there has been no attempt at any justice at all since day one. They have betrayed your trust, they have hidden behind secrecy and abused the very court that allows secrecy to protect children from harm and instead used that secrecy to hide their own misdeeds and incompetencies while harming our child and our family. MCFD has chosen silence, misusing their legal obligations in order to remain mute to justified questions from citizens, the media, government bodies at every level, and you the judicial system. I don't claim to understand or know what the reasoning was for removal in the first place, we have never been allowed even the common decency of an answer to the simplest question...Why? For two years, not one explanation as to why our daughter is not with us any more, why even getting to see her or spend time with her, why we are treated as criminals without a single charge being leveled against us. No reason why we have been barred from participating in decisions regarding her health while she has been drugged with 5 or more potentially harmful drugs, hospitalized in a mental institution. Most of the time we are not even informed what is being done to her. Is this the national judicial system, is this what every citizen can expect? Your honor I beg of you just one simple request, please investigate, demand answers, please give us the one thing we have never had, that murderers, thieves, and rapists get and we have never had.....a day in court!"
Wonder how a judge would react to that little rant.
I will speak to precisely what you say here. If a judge was alert and gracious enough to allow a parent to speak, he/she would not respond to looking into the case. Listen yes, but that’s all. However, that could influence an outcome. Of course, I concur with all of the critical points to which you point, such as, the length of time, the innocence of the parents and the insubstantial reason for holding the child. Yes, speaking to the lack of information or opportunity to question MCFD’s justification for action. And yes a day in court is deserved, and delays are unjustified. I applaud your suggestion that parents should speak to the betrayal of trust by MCFD with its abuse of power and disregard for policy. Drag the parent off if that’s the only way a parent can be heard, but as you know, a parent is so desperate to have their children returned that they comply even to the requirement to be silent.
DeleteThe above Sep 27th 4:03 comment can be part of any closing argument, even at summary hearings. If Doug Christie was Ayn's lawyer, he would certainly be happy to deliver such speech with fire and brimstone.
ReplyDeleteEvery time I read more about this family, it angers me to no end of the unspeakable cruelty that other people intentionally inflict. How can it be, that EVERY single person in MCFD, the legal system, foster care, all be part of, and be responsible for this tragedy and not speak out? They can unilaterally withdraw at any time, but they don't. They make and break promises. They toy with this family knowing full well the damaging effects, yet, they continue this virtual rape and unspeakable torture.
In terms monologue, MCFD has most parents beaten hands down. Witness the three-day long closing argument of Finn Jensen at the 22-day long trial of Paul and Zabeth Bayne. Even at the Presentation Hearing for Ayn, the MCFD lawyer droned on and on reading from a hearsay affidavit for nearly an hour.
One needs the outrage of the public. Unfortunately, few of the public know, or care, because it's not their 0.5 % of their kids in foster homes. The message is clear, the 99.5% of the unaware public must be be made aware it is their family that will be next.
While parents that have MCFD in their lives, they are brushing up on their speeches for uncaring judges, we should support those parents who typically appear in court without any members of the public present. There is a lawsuit underway in the Vancouver BC Supreme Court in courtroom 75 on the top floor. Let's watch and see how much of an impact this family's lawyer Mr. Hittrich can have on MCFD's operation. If he wins, let's hope this paves the way for other parents to follow.