What is the “Silver Bullet” you are asking? No, it’s not what you slay a werewolf with. Its effects are far worse than that. It’s where a parent decides that, in order to level the playing field or substantially lean it their way for full custody, the best course of action is to make false and severe allegations against the other parent. These allegations range from allegations of sexual offenses to allegations of physical and emotional abuse, allegations of serious criminal offenses, allegations of drug abuse, allegations of domestic violence and allegations of negligence. This is what the law profession calls the “Silver Bullet”.
Sometimes parents make an allegation and if it is found unsubstantiated they scramble to come up with other allegations, one after the other, thinking that at least one “might stick”– all causing years of harassment and litigation, not to mention potential job loss, criminal charges, and, most importantly, severe mental trauma for the parties’ children. Many times, the parent against whom these allegations are made cannot afford the legal and expert fees or multiple attorneys it takes to prove his or her innocence. While all of this is going on, the parent may not even have the ability to talk to the children. What is alarming to us is the level to which some people will go to ensure that the other parent will have absolutely no relationship with their children.
“The Silver Bullet” is a fail-safe way to ensure one parent gains the upper advantage when it comes to custody and access. Not only does it secure full custody of the children immediately through an ex-parte hearing in which the accused is not even allowed to defend themselves, and usually is not even aware the hearing is taking place. There are other significant financial gains and advantages to be had for using this technique, with very little to absolutely no downside or consequence.
Section 15 of the Canadian Charter of Rights and Freedoms is thrown right out the door. Your rights as a Canadian are ignored. Section 15 states: Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, color, religion, sex, age or mental or physical disability.
Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, color, religion, sex, age or mental or physical disability.
Treatment in the family courts is going against the Canadian Charter of Rights and Freedoms and we as society have allowed this to happen. This is not a new technique that has been used. Lawyers and Judges have been aware of this for decades and our family laws are pre-dated to times that do not exist anymore. Recent studies show that 4 out of 5 cases of domestic violence are not used for their intended purpose but for some sort of personal gain within the courts. Some lawyers even coach their clients to use this method to drag on the court process, gain immediate temporary custody of the children, and engage in a war that has devastating effects on the children.
Even if you can prove the allegations to be false most lawyers will tell you to not proceed against the claimant because it will have a negative effect on you now. If the laws were equal across each level of court, then there would be no need for you to proceed as it would be a criminal offence and the court would have to punish the accuser under the law. Due process is set aside, ignored and even downright denied.
This technique needs to be brought to the attention of our law makers and politicians to finally listen to the many individuals that have been accused of this and to the thousands of children it effects. It is time to make accusers accountable for their false accusations and the judges in these cases to follow suit and punish accusers for their actions. It is time they do what they were sworn to do and look out for the best interests of the children.
Rich Massia
