Background
A mother approached family services in late summer before the school term was about to start because her kids had not come back from their scheduled visit with their father, here in Nova Scotia. The mother had initially agreed with her ex-partner that the children would stay for a short visit, but after the planned return date passed, the father refused to return them. The mother phoned and messaged numerous times but the father made no response. The distressed mother needed help so she contacted the police but they instructed her to file at family court for legal intervention. The woman next contacted the service centre for professional advice.
Needs Identified
The mother was in urgent need of:
- Legal assistance helped her recover her children back home and to learn about her parental rights.
- Emotional counselling because her distress increased since she had not reunited with her children and there was a possibility she would never have them with her again.
- Urgent need for someone to guide her through the family court system because she did not understand how to proceed with her custody case.
Support Provided
The Women’s Centre:
- Connected her to legal aid which supported her application for family court and helped with mandatory files.
- Offered emotional support sessions combined regular check-ins which both reassured and guided the mother to find ways to handle her stress and emotional challenges.
The family court allowed the provider to oversee a specific process resulting in expedited legal procedures for getting her children back home.
The legal system granted emergency assistance such as food help and supplies with clothing each serving the children’s basic needs throughout the court process.
The service centre directed the mother toward counselling services that helped her manage her distress from being separated from her children.
Barriers to Ideal Solutions
- Delays in Legal Proceedings: The legal adoption of the fast-track application led to prolonged proceedings which caused ongoing emotional turmoil for the mother. Due to administrative delays at the family court, the children spent more time away from their mother than they should have.
- Limited Support from Law Enforcement: The police did help but limited their intervention to recommend that the mother use family court procedures. The additional legal process created further disadvantages as well as inconvenience.
- Emotional Distress: The enduring separation between her and her children caused a substantial emotional burden that hindered her ability to handle the situation properly.
Outcomes
- Enormous psychological distress affected both mom and kids throughout this judicial process since these courts needed multiple weeks to settle custody arrangements.
- Family court allowed fast-track processing yet its pace was insufficient to prevent substantial emotional distress.
- The mother’s mental health stabilized due to counselling sessions combined with scheduled checkups yet separation-related emotional suffering continued.
Recommendations for Systemic Change
- Expedited Family Court Procedures: There is a need to streamline family court processes, especially when children’s safety and well-being are at risk. Delays in such cases cause unnecessary harm to families.
- Better Coordination Between Law Enforcement and Family Services: Police officers should be better equipped to handle situations of this nature, with clearer guidelines for immediate support and intervention.
- Immediate Access to Visitation: Parents involved in custody disputes should be able to access safe, supervised visitation quickly to minimize emotional trauma.
Expanded Mental Health Resources: Providing more emotional support services for parents going through stressful family separation and custody disputes would help families cope with the psychological impact