Nebraska Laughs at Canadian Law. Literally.

[This post is modified from some letters that I have since sent out to various agencies, this pisses me off, to no end.]

UPDATE: justiceforsteffany.org has had a court injunction laid against it today, July 14, 2009. Myself, and a few other folks are working hard to get it back online, and on Canadian soil.

UPDATE: 1:07am July 15, 2009 - justiceforsteffany.org is back up and running, safely on Canadian land and awaiting the first volley of threats. Bring on the pain, until then, bring on the sleep.

UPDATE: There is a Part 2 I posted here.

I originally stumbled across a website called www.justiceforsteffany.org when I was searching for answers about Canadian Family Law, and some of the pro's and con's compared to other nations.

I encourage you to first read the court documents on justiceforsteffany.org to gain some perspective. I don't believe everything I read, but I do believe in science, and I do believe there was some science applied in this case, and our law system recognized it. As well read some of the publications that have already run the story in British Columbia. You'll see a system at work that is, and should be, frightening for any spouse, custodial or non-custodial parent of a Canadian child, where one of the parents is a US resident.

Nebraska passed legislation that allows their state to overturn any foreign rulings on custody and access, providing there are circumstances where harm to the child is proven or imminent. At first blush, this seems like not a bad idea, but you have to see that they passed this policy based on a single case. Only one case discussed, only one case used; wide sweeping change is the result.

I am the first one on the "keep the children away from the abuser" train but when I get off of that train, my connecting train is the "if you falsely allege abuse then you should feel the wrath of the legal and social system in the same way you made your innocent victim feel" train.

This all happened in 2007, and I digress. Let's fast forward to this year, where in January the same bill is discussed:

http://uniweb.legislature.ne.gov/FloorDocs/Current/PDF/Transcripts/Judiciary/2009-01-23.pdf

Move to page 12 where the relevant topic is at hand, and start reading. Aside from the fact that they continually say one case should not dictate a policy, they continually ignore it. No one provides another case, no one objects, nothing.

However, on page 26 we see the following exchange:

SENATOR LATHROP: Unless Mom goes back to Canada where the abuses took place,where the witnesses are, and where the evidence is, and files her own proceeding in the Canadian court. [LB201]

RICHARD DUCOTE: That would be another remedy, sure. [LB201]

SENATOR LATHROP: Okay. [LB201]

RICHARD DUCOTE: But then...then... [LB201]

SENATOR LATHROP: Who wants to go to Canada? (Laughter) Right? I mean, it's a lot easier to do it... [LB201]

Right, so the parent should go to the court that has jurisdication, in Canadian court, where the evidence is, but *shrug* who wants to go to Canada! Haha!

I don't find that funny, I don't find the case funny, I don't find the senator funny, I don't find child abduction funny. I definitely don't find it funny that the State of Nebraska managed to pass legislation that allows US parents to abduct Canadian-born children to Nebraska, and whatever our courts here in Canada decided can be thrown out the window. All you need is a plane ticket an abuse allegation and you're good to go. Haha! Really funny Senator.

I wonder how funny Canadian politicians are going to find this?