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Is Our Legal System Broken?

In what ways is the legal system broken?

The legal system is broken in several ways. There are issues with access to justice, with many people unable to afford legal representation. There are also concerns about bias and discrimination within the system, as well as inefficiencies that can lead to lengthy delays in resolving legal matters.

Part2

As a follow up to our most recent blog, we wanted to use a recent experience that has personally taken place as a primary example of how our legal system seems to be completely flawed.

Back in January, another blog was written about a civil case that had been personally battled about a business matter that had gone wrong. It also laid out numerous accounts of how the criminal justice system goes above and beyond to provide endless opportunities for criminals to undermine their victims, including threats to indict their family members. To read this blog, Click Here. https://hearwegogo.com/.website_b2a61bb4/business-scams/

Flaws Of Our System

In addition, it is important to examine the flaws and issues within the criminal legal system. This includes the supreme courts of the United States and Canada. Our system allows for these injustices to occur, particularly for marginalized and politically disenfranchised communities of colour and low economical status. Ultimately, this leads to the wrongful conviction of innocent people and victims of crime, including juveniles.

With more than 95 percent of all criminal convictions coming from guilty pleas rather than jury trials, it is clear that our legal system turns a blind eye to these injustices. Our system is in need of major reform, including the implementation of constitutional law and restorative justice, to ensure justice for all. The bottom line is that our current system of mass incarceration fails to hold those in power accountable. It does however allow for innocent individuals to be wrongfully convicted or taken advantage of on a regular basis. It gives unlimited chances to criminals while leaving their victims exposed to their countless wrongdoings.

Recent Experience of A Broken System Encountered

In this blog, I would like to address a situation that occurred quite recently to do with another civil suit. This time, it had to do with a family civil lawsuit that someone very close to me had no choice but to pursue.

A interim court order had been put in place in recent years that had granted the mother of their sons primary custody. The reason for this verdict was not for any substance abuse issues, incarceration, violent crimes, criminal record, possession of marijuana or other drugs, or drug addiction. The reason was that at that time, the father had been dealing with multiple rehabilitating surgeries. The surgeries were in an effort to recover from a tragic work accident that he had endured years prior.

This court order most definitely was not granted based on the inability for him to parent his children. Fortunately, since then, his standard of life has significantly improved and is in an excellent position to parent full time.

Violations Of Interim Court Order…. +++

The unfortunate part of this story is that during his recovery, the ex and mother of his two son’s, had decided to revoke any visitation rights between him and his boys. The court order strictly read that the Dad was to have the boys every second weekend of each month. Sadly, he had not seen his son’s in five months consecutively. She had broken the court order.

During this period of time, the mother had made numerous violent threats towards many people that had been addressed with the local authorities. Many of these threats were made to individuals who were simply trying to lend a helping hand to the older son who she had thrown to the streets. Others threatened were relatives who showed concern for the younger son, the father’s girlfriend, and other innocent bystanders who simply kept a log of the threats to provide proof that this was happening to the authorities. On one occasion, there was even a threat of the potential kidnapping of a child by this person.

When Enough is Enough…

The final straw came down to a few days of trying to contact the youngest son without any luck. When finding out through the grapevine that the mother had moved the pair out of the location known to the father, it was time to act. It was mid-month when he got a phone call from a trusted source that his son had been moved to a local motel from his previous residence. Immediately, the boy was located through a FaceTime chat and located via a drop pin. It was official, she had moved herself and the child without contacting anyone into a two star motel. Another breach of court contract.

The paperwork was filled out with the help of a local attorney and submitted in the courthouse of a rural community. Upon submission, the defendant would have 20 days to respond to a normal claim. However, when the plaintiff, the father, attempted to take further action on day 19 at that same courthouse, he was told that the entire claim had been filed incorrectly. The process would have to be restarted from stage one.

Small Oversight….Hmmmm

Obviously, there was great concern for the younger son’s well-being at this point in time and a lot of frustration at the complete and utter laps in ability to provide proper guidance to the boy’s father in such a stressful situation.

Luckily, being that this claim needed to be filed to a completely different courthouse, in a city well over an hour away, the clerk was able to organize for an emergency meeting with a judge for the next day.

A completely new set of claim forms and documents were to be drafted. Also a new affidavit with proof of any relevant evidence to be included would be required for the new filing at the correct courthouse. Approximately 15-20 pages worth of written content and 53 more pages of photocopied texts, posts, and email proof of evidence documents were put together into a well organized file. It was a late evening, but the documents were ready for submission by the appointment time the next day.

The next day served as an administrative day to which the documents where placed in the hands of the proper people at the proper courthouse. An order was granted by a judge to the father which allowed him to serve the mother via e-mail. A mandatory court date was then set for five days later where both parties would be ordered to attend. Now, you all are probably thinking that this was a slam dunk at this point…. HA!

Five Days Later In Court

A number of us drove into the city to support the father for this day. To be honest, we weren’t even convinced that the mother would even show up. To our surprise, she did. She came with a full on production. When it was time for their case to be heard, the two of them approached the bench. The judge breezed through the large pile of pages that had been filed by the father and right away the mother spoke up. She handed the judge a letter informing her that she would be requesting an adjournment while she sought legal aid.

Without a question, the judge granted the adjournment to the mother. She then continued to make other interim adjustments to the order. The father expressed his concerns about the current living situation of his son. He also spoke on the inability to see him, and the concerns that her family had with regards to his well-being. He was not allotted a very long time to speak. The judge completely disregarded his request for custody. I suppose she felt that this little boy’s life with a mother who had routine visits from the authorities… as a result of her continuous threats to people would serve him just fine.

The judge did reinstate the rights to his sons on every second weekend of each month. However, there would be no consequences to the mother for breaking the current court order. If you do any reading on breaking a court order, you will mostly find that the outcome isn’t a pleasant one. The offender is usually found in contempt of court. This mother had been breaking a court order for a period of 5 months without any repercussions.

Sooooo Broken…

She did approve his right to Christmas with his boys this year. After all, it was his year. However, the mother objected while the order was being delivered. She requested that the boys only be allowed to spend the time at the fathers home. No contact with any blended family should be permitted. The judge somehow felt this to be reasonable, without knowing anything of that situation. What more does a child need? I mean certainly contact with loved ones over the holidays is a big ask at this point. After all, this little boy really does have it all! The judge has granted him to stay with a mother in a nice motel who truly has his best interests in mind. Plus..we really shouldn’t be complaining since the father would now be permitted to see his boys on her terms.

As for the texts, posts, and emails … 53 pages of them…. All threats, slanderous accusations, and extortion attempts, non were given a second thought. This case ended with the criminal leaving the court room with exactly what she wanted. No repercussions or consequences to her actions and a little boy still in her possession. Stay tuned for more after the next court date in February, 2024.