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Sworn affidavits of misconduct not only by the courthouse staff but the judges as well

Wednesday, December 4, 2013 - MisConduct - Julie French

Please read the letter I received in regards to a complaint i sent to the Attorney General in Canada. Then my response that I emailed back is posted after.

Parental Alienation - Corrupt Ontario Family Courts From: CSD.CivilFamilyPP@ontario.ca Subject: Family Matter - Our Reference: MC-2013-6927 Date: Wed, 4 Dec 2013 15:53:34 +0000

Thank you for your emails to the Ministry of the Attorney General sent November 5 and November 13, 2013. I have been asked to respond to you on the Ministry’s behalf.


You have raised a number of issues with respect to the handling of your family court file at the Guelph courthouse and, in particular, concerns about a possible conflict of interest arising from the fact that your former partner’s mother is employed there.

Please be assured that the Court Services Division is aware of your concerns and have taken steps to ensure that no conflict of interest arises. Pursuant to the endorsement of Justice Wein dated October 22, 2013, Nancy McColeman is not assigned to any courtroom where your matter is heard and she does not have access to your court file. I understand that in the same endorsement Justice Wein indicated that she was not satisfied that any bias existed or that it would be appropriate to change the venue where your matter is being heard. If you have concerns about Justice Wein’s decision, you will need to speak with a lawyer about your options for appeal.

With respect to your specific concerns about the service you have received from family court staff, my office has spoken at length with the supervisor of court operations in Guelph and I can advise as follows:

· There are no documents missing from your court file. Where a party is represented, it is the responsibility of counsel to prepare and submit orders based on the endorsements made by a judge. I understand the opposing party is represented in your case, and, as a result, they are required to prepare any orders. Until they have done so, only endorsements are available in the court file. If you have concerns with the preparation of court orders in your case, you will need to speak to a lawyer or contact counsel for the opposing party.

I confirm that staff in the Guelph courthouse has provided FRO with the most recent endorsements and documentation, including a Support Deduction Order and Support Deduction Order Information Form, with respect to child support payments in your case. Staff cannot send FRO a copy of a final order until it has been prepared by counsel.

Court staff does not prepare notices of garnishment with respect to child support matters. This documentation is prepared and served by FRO. If you have questions about this process, you can contact FRO at: General inquiries Ministry of Community and Social Services Client Services Unit 900 Bay Street, M1-57 Macdonald Block Toronto ON M7A 1N3 Tel: (416) 325-5666 Toll Free: 1-888-789-4199 TTY: 1-800-387-5559 Fax: (416) 325-7136

 

Other contact information for the Ministry of Community and Social Services is available at their website: http://www.mcss.gov.on.ca/. If you wish to dispute a garnishment, you may wish to seek advice from a lawyer about the steps necessary to do so.

 

I regret the difficulties you and parties attending on your behalf experienced filing documents at the counter. I understand there was some confusion with respect to whether or not certain documents were filed late, and that the clerk’s initial notation on the file to this effect has been corrected.

 

I have attached a copy of the case conference notice you had concerns about. You will note that the clerk’s signature is visible on the original but was not visible on the copy sent. With respect to the time on which the document was faxed, I can confirm that there is a reporting error on the fax machine used by the trial coordinator such that date and time are incorrectly recorded. This issue is being addressed.

 

Finally, the issue with respect to the name you use on court documents must be raised with the judge, given that your case was started under the name “Julie Michelle McColeman”. If you have further questions in this regard, you will need to speak with a lawyer.

 

If you have further questions about filing in court, please contact the Supervisor of Court Operations, Michelle Kester, directly prior to filing your documents in order to ensure that she is available to meet with you and address any concerns you may have personally. Ms. Kester can be reached at 519-824-4100 x.201 or 519-242-8759 (cell).

 

If you wish to retain a lawyer, you may contact the Law Society Referral Service, operated by the Law Society of Upper Canada. The Law Society Referral Service will provide the name of a lawyer in your area who practices family law. That lawyer will provide a half-hour free consultation. The telephone number for the service is 1-800-268-8326 or, within the Greater Toronto Area, 416-947-3330. The Law Society Referral Service may also be accessed online at http://lrs.lsuc.on.ca/lsrs/. The Law Society of Upper Canada maintains a list of lawyers and paralegals in Ontario which may be viewed at the LSUC website at http://www1.lsuc.on.ca/LawyerParalegalDirectory/index.jsp.

 

You may also wish to explore other legal resources in the community. For example, Justice Net describes itself as a not-for-profit service helping people in need of legal expertise, whose income is too high to access legal aid and too low to afford standard legal fees. More information about Justice Net is available online at http://www.justicenet.ca/directory/search/ . Please be advised, however, that Justice Net is not a Ministry or Government of Ontario program.

Thank you for writing.

Sincerely,

Original signed by

Anne Marie Predko

Director

Family Policy and Programs Branch

Court Services Division

Please do not attempt to reply to this e-mail. Further inquiry can be directed to the following addresses, quoting the reference # attached to your response/ in the subject line:

 

E-mail: attorneygeneral@ontario.ca

 

Address: Ministry of the Attorney General

McMurtry-Scott Building

720 Bay Street, 11th Floor Toronto, ON M7A 2S9

AND HERE IS MY RESPONSE:

RE: Family Matter - Our Reference: MC-2013-6927

To see messages related to this one, group messages by conversation. Julie F 1:32 PM To: JUS-G-MAG-CSD-Civil and Family Policy and Programs

Anne Marie Predko,

Your steps into recifying this is unacceptable. The conflict of interest is clearly proven to me every time I step foot into that courthouse. I am mistreated by courthouse staff and by the judges. The judges in an attempt to protect the applicant do not follow their judicial duty or the Family Court Law. Paul Laglois stated to me that the applicant's mother in her position works directly with the judges as "there go to" person, to get them whatever they need. This is the conflict of interest in itself as she has personal contact with the judges. Paul Langlois told himself as well that no one had any business being in the courthouse and faxing documents at 10:10pm at night. Also this does not follow the Famil Court Rules that court dates are being set up over fax late at night. Mrs. Hebner also signed a sworn affidavit of service that I was served weeks after that document was signed. I have 2 witnesses that can confirm that I questioned the courthouse staff as to why there was no affidavit of service accompanying that document and my answer by them was that Mr. McColeman can serve me when he wants. 2 days later the document was gone out of the file and the next day reappeared with an affidavit of service, which I was never served. So don't tell me there is no documents missing and the courthouse staff aren't directly involved with what is going on as I have 4 witnesses who can confirm this. They force me to come directly to the courthouse to submit everything and nothing is to be done by fax. So that rule is broken when it comes to my ex? Just because Nancy McColeman may be told that she can't be assigned to any courtroom where are matter is heard or have access to our file doesn't mena she doesn't have anyone else do it for her.

I'm disappointed that you assume no court files are missing out of the continuing record book as I can prove there is many. Its obvious when looking through the volumes that the first 3 only really contain Mr. McColeman's documents and most of mine are missing. It cost me almost $200 to photocopy all the documents that I was also never served with.

In accordance with this new court order, I have the legal right as I brought the motion to have the draft of the court order made up. My mom paid a lawyer to do this for me and Mr. McColeman's lawyer is holding it and refuses to sign it. This is to prolong my financial hardship and Mr. McColeman received over $4000 just in October alone while I was left with $700 for the month. Now in November according to the new court order and adjusting the amount as it was too high to begin with, Mr. McColeman has been paid over 3 times the amount of child support than what is to be paid. I have been left in a poverty situation and my mother has had to pay my rent, pay for my car and insurance. And to add to this... Mr. McColeman has never been made to pay me child support for the 13 months that the boys lived with me. Justice Wein said this could be dealt with in trial, which according to the Family Law Rules, because custody is an issue in trial, child support can not be brought up. Mr. McColeman makes a considerable amount more than I do and I have been the one forced into financial hardship? The Justices that have heard this case implemented another broken Family Court Rule by allowing the applicant to not have to support his children which is their right to have both parents support them while they lived with me. By Justice wein not addressing all the over payment that was made and dismissing this goes against my human rights as she can't force me into poverty. This was also done by Justice Price who also broke the Family Court Law when appying the child support amount as I provided my last 3 years income statements and my most current paystub and he based his decision on a guess as the amount wasn't high enough for Mr. McColeman. I can say with the research and proof I have now, nowhere in the Family Law Act or rules does it state that Child Support can be based on a guess. Child Support is based on either your previous years income or based on an average income from the previous 3 years which were all provided.

I see that as well, in Justice Price's endorsement he mentions a doctors letter and an unsigned affidavit stating I no longer wanted to see my children but those documents are nowhere to be seen. 2 Doctors notes were submitted on my behalf for the February 12, 2013 motion and for March 5, 2013's motion to state I could not be there due to medical issues. These doctor's letters have disappeared and I have the faxed confirmations that those letters arrived at the courthouse to the trial coordinator. So where are they? Its amazing how all these documents disappear but are mentioned in Justice Price's endorsements. And only one doctor's letter was provided to him.

As far as garnishment orders... it was signed by a clerk within the courthouse as I have a copy of it. I was never notified of these garnishments either as per the Family Law Rules. Many documents where filed with affidavits of service whic I was actually never served. Mr. McColeman has gone in on the day of court and has had documents filed and the clerks ensure the judge gets them even though I was never served with the documents, especially in February when I was in hospital. This also goes against the Family Law Rules. Just for the motion from October 22, 2013, Mr. McColeman's lawyer ensured I was served late but signed a sworn affidavit of service stating I was served almost 3 days before. And as I said in February, I wasn't served at all the documents that they presented that day, February 12, 2013.

I have sworn affidavits now of the misconduct not only by the courthouse staff but the judges as well by witnesses that have come with me. One of those affidavits was sworn in Guelph at the Superior Court but with many issues. The clerks feel its their right to read everything that is brought in by me and anyone else submitting evidence on my behalf and they actually accused this witness of having someone else write the affidavit for him. When my mother just went in they tried to force her to give them documents so they could read what her affidavit was about, my mom took a witness to this as well and she refused to let them. I have more affidavits as well to this misconduct and unfair treatment I have received through this courthouse. They can be provided to you if you wish. I have been treated very disrespectfully by every judge and they have even gone as far as having private meetings with Mr. McColeman and his lawyer in chambers. Clear conflict of interest.

I have a witness again at the misconduct of Justice Wein on October 22, 2013 that she would not even acknowledge my contempt motion by Rule 31 - Contempt of Court, Courts of Justice Act, which has been ignored on October 8, 2013 and again on October 22, 2013. Justice Wein also would not even acknowledge that Mr. McColeman had abducted my children in February 2013, which is a criminal offense by section 282 of the Criminal Code of Canada, while denying all contact and communication since this time and ststing she feels I'm not ready to have the boys. For anyone who has this kind of power to ruin somebody's life, they should maybe be educated on what happens to children when being alienated by a parent. The aliention was even spelled out in the OCL and social workers affidavits and this again has been ignored. I brought proof that Mr. McColeman's allegations were false but again they ignore it. It has been 3 years since these court proceedings have been going on with my children being ripped apart and bounced around at Mr. McColeman's leisure, ripping them out of their schools, taking them away from their friends and isolating them from me.

Not once in 3 years have Mr. McColeman's actions even been acknowledged. He has broken every court order written and has to date denied me almost 2 years of access in just over 3 years. I am preparing my trial books and I have thus far 5 volumes of proof against the applicant not only for manipulating and alienating my children but also for money he fraudulently stole from me which was investigated by the Royal Bank of Canada. I can disprove every single one of his lies written in his sworn affidavits. In these volumes is proof of the mistreatment and bullying by the courthouse staff and the judges and the overall disadvantages I have had to face with the corruptness in the Superior Court in Guelph.

As for Ms. Rinne from the OCL, I am being mistreated by her and so is my children. I have complained several times about her misconduct and her duty to report. This always goes unacknowledged. I have emails as part of my evidence in my trial volumes that she has sworn at me, threatened I would be treated bot very good if I do not abide by every single thing written in the court orders, although I have never broken a court order. I have the emails from the director of the OCL stating that Mr. McColeman was being verbally abusive to my children and Family and Children's Services were called and Ms. Rinne's response was that she spoke to the boys and they stated Mr. McColeman apologized and things were settled. Thsi isn't the first time Mr. McColeman has been verbally abusive and even Ms. Rinne stated in her affidavit that the boys were afraid Mr. McColeman was going to hit them and she even quotes my older saying, "I have watched him hit my sister". In her own affidavit Ms. Rinne points out that the boys academics fall dramatically while in the care of Mr. McColeman, that he and his parents pressure them and expect explanations for why they would want to see me, the boys tell Mr. McColeman what he wants to hear so as not to get into trouble and cause conflict, that Mr. McColeman has threatened them etc. The list goes on and he after over 3 years has sole interim custody. Why is that? And why in this period of time has Ms. Rinne never acknowledged the verbal abuse and Family and Children's Services being called on him? Why in this period of time has she never stood up in court to say that Mr. McColeman is denying me access and communciation? Why does Ms. Rinne not stand up for my boys and relate to the judge what Mr. McColeman is doing to them?

Even with the affidavits by Ms. Rinne and Miss Hindsperger, not one judge would even acknowledge the parental alienation pointed out in those affidavits? Mr. McColeman has no evidence that I am neglectful or abusive towards my children but I am stuck now with supervised access which has happened on only 1 occassion with only my younger son since this court order was made October 22, 2013, almost 6 weeks ago? Mr. McColeman continues to make plans for him when the court order states I can see them and he has ensured my older son is not allowed to come, as the decision was left up to him. I am the one forced to prove myself as a parent when I have never been the unfit one.

I left this abusive marriage after 17 years to protect myself and my children expecting the judicial system to protect us but instead had my parental rights taken away and my children put in the hands of an abuser. The judicial system has allowed Mr. McColemans abuse to continue and they have allowed the alienation towards my children. They have allowed him to sever my realtionship with them and they turn a blind eye. If this is not a conflict of interest then what is it? Not one judge in these proceedings have followed their judicial duty that they promised to abide by for the public and especially in the best interests of my children.

I feel its important to distinguish the loss related to these family court proceedings because in the past 3 years Mr. McColema's behavior has re-traumatized our children over and over which is prolonging the possibility of stabilizing them. Mr. McColeman has taught the boys to unjustifiably reject me. The parental pressure inflicted by Mr. McColeman has resulted in a disastrous outcome for our children, myself and my entire family. Throughout this past year questions should have been asked to assess the validity of the boys reasons for rejecting me as well as thorough consideration of collateral contacts.

I have been trying to navigate through landmines while being at a disadvantage in this courthouse which has resulted in my heart breaking watching this judicial system protecting Mr. McColeman for all of his actions. I have missed every birthday in the past 3 years of my boys as Mr. McColeman denies me all communication, I have got to spend one Christmas morning with them in almost 4 years. Last year alone Mr. McColeman took them on Christmas Eve and I never seen them again or spoke to them until December 30, 2012. 3 days later I received an email from Mr. McColeman's lawyer stating that hewould be picking them up again the next day. There was no court order but I was bullied by Ms. Rinne, which I have the emails stating I will lose the boys if I don't let Mr. McColeman have additional access over Christmas. When he took off with them and denied me any Christmas time with them, everyone once again turned a blind to what he did. Then when he went into court in February, once I was able to read his affidavit, Mr. McColeman stated that I denied him access thoughout Christmas.

I may seem like just an emotional mother not getting what she wants but did you know, short of the death of a child and proven by psychiatrists, mental health professionals as well as health care professionals, being a targeted parent of an alienator is one of the most painful experiences a parent can face and unlike death, there is no closure. The injustice that has been inflicted upon my children and myself, has been a seemingly incompetent and uncaring family court system within this courthouse. I have also had to endure the paralyzing shame of now being rejected by my children while in Mr. McColeman's care and control. This courthouse has demoralized me in not allowing me to have my parental right to save my children from the abuse they are enduring in their attempts to protect him. Just Mr. McColeman's actions in these past 3 years shows how abusive he is.

I am only human and am confronted with a distinct type of grief while losing my children a 2nd time due to the unjust proceedings that have vilified myself as a parent trying to do what is in the best interests of my children. Mr. McColeman's brainwashing and threats towards the boys should clearly show he does not have their best interests at heart, but only his own and these judges are turnign their heads to his actions and will not even allow his actions to be brought up in court proceedings.

Justice Wein never even acknowledged that Mr. McColeman put a safety plan in place at our youngest son's school and indicating to the school that I was dangerous and he even distributed my picture to all staff which goes against the Human Rights Commission while protecting my right to privacy. Not to mention there is no such order stating this. I have phoned to try and get the boys report cards and was actually told at my older son's school that they have a court order stating I am not allowed to have this information. I winder where this court order came from? It would be a forged one as there was never an order stating this. I emailed Ms. Rinne about this and about the denial of access and communication and her response was just that teh principal stated to her I could have it and as far as access and communication there is nothing she can do. I have this email as well as this is printed off as part of my evidence.

I am tired of being bullied and being treated unfairly. In court on December 16th if Justice Mossip doesn't have the courage of her own convictions and judicial duty to impose the best interests of the boys and removes them from Mr. McColeman's care and imposes strict punishments for what he has done and just writing another court order with access, will again be nothing more than a piece of paper to Mr. McColeman which he has not followed any court orders to date and I will lose my children from this alienation not only by Mr. McColeman but his parents. This will further prove that Mr. McColeman is being protected and they will cover everything up for him. There is no other justification as to why not one judge will acknowledge his actions and what he's done. They are protecting him because of his mother... there is no other reason why the staff and jusges would be doing this.

Being pushed into a trial is putting me once again at a disadvantage within that courthouse. It is unjust and is a proven fact that Mr. McColeman is being protected. The court proceedings 3 years ago should never have even been allowed to proceed in Guelph as I lived in Toronto with the boys. Justice Belleghem even acknowledges this in his endorsement where we lived at the time. Court should typically always be held where the children reside. But not in this case, Mr. McColeman got given what he wanted and its always been me who has had to financially pay for communiting and the numerous times I have had to travel there just to file a paper. Its been a huge financial burden on me and my mother is having to pay for gas and other costs incurred with me having to travel to Guelph now all the time.

Mrs. Hebner not only is bullying me about the court order that she refuses to sign but is demanding I give her all my evidence, including all emails etc immediately although it was them who brought the trial conference and according to the Family Law Rules have to serve me first which they are neglecting to do. I no going into a trial will be emotionally draining for me and I no I won't be treated fairly. The corruptness will continue and I know the chances are great that the judge assigned to the trial may very well be one of the judges who has covered up for Mr. McColeman's conduct and will protect him and give him what he wants.

I am very disappointed in regards to your email and response as this clearly shows that you do not take your positions seriously and are just trying to cover up the corruptness that is being displayed by the Superior Court in Guelph and the conflict of interest. I am disappointed that as a Canadian Citizen and member of the public that I do not have the right to a fair trial and a judge willing to stand up for what they vowed to do in the first place... uphold the law and their judicial duty. I as a Canadian citizen should have the right to a fair unbiased trial and court proceedings for that matter. This right has been denied to me.

Your response and this email back to you will be posted on my page "Parental Alienation - Corrupt Ontario Family Courts" so the 9000+ followers I have and the public can see what the Attorney General will do for you in a drastic situation such as this. Also how my Parental Rights don't matter and how the judges and Attorney General will stand by their decisions of breaking Family Court Laws at their own whim and make up rules as they go just to protect an abuser because his mother is a staff member there. How these things will be covered up with laim excuses and watch the judges abuse their position of power.

Ya I may be an emotional mom... but I have every right to be when all of you have participated in the abuse of my children and allowed an abuser the right to continue his behavior. I am a mom and I am a good and loving one. I hugged these boys everyday and told them I loved them. I told these boys how proud I was of them everyday and celebrated every accomplishment in school and sports etc. These boys used to be proud of themselves and are now full of anger at the loss of a loving parent they once had and are are left in the hands of an abusive alcoholic and alienator who is trying to punish them for having any love for their mother. Could you sleep at night if you were in my place? Would you be emotional if this was done to you? I am a mental health nurse and have made it my mission to get this story heard to thousands as to what is happening in my case and how it is being handled.

I AM JUST A MOM!

Sincerely,

Ms. French

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