Judging justice

The southwest coast mother separated from her husband and is trying to settle a custody battle before attempting to get a divorce.

Ms. Smith said the Gateway Women’s Centre helped her get a new lawyer when she was having trouble with a legal aid counsel provided by the court.

Three years after beginning her journey through the court system, she has received almost no child support payments, continues to be verbally harassed by her estranged husband, and sometimes wonders how long it will take to get a divorce once she finally begins pursuing one.

She said the onus often falls on her to locate her husband for the delivery of legal documents. She said once she had to call up one of their mutual friends for help.

“I begged her, ‘Can you please go get his proper address for me?’”

After first separating from her husband, Ms. Smith attempted to get a peace bond through the provincial court in Port aux Basques. The matter was set over three times during a three-month period. After the third time, she told her lawyer not to bother with the matter anymore.

She said each time her case came up, her husband’s lawyer requested the matter be set over because he could not be present.

Ms. Smith said her husband now works for the government in a different province. Nevertheless, she wanted a peace bond because of harassing phone calls and verbal harassment when he came to visit their children.

She can’t understand why he had to be present for a peace bond to be set in place.

“I think if he had a lawyer there it should’ve been settled anyway, that’s what lawyers are for,” said Ms. Smith.

She believes a woman trying to leave an abusive relationship should not have to wait until the next monthly court circuit to get a peace bond. She would like to see peace bonds treated like warrants, where a judge only needs to read the details and sign the paper, any time day or night.

“All they should have to do is carry it to the judge – why does it have to be a big process?” she asked.

Suzanne Ingram, executive director of the Gateway Women’s Centre, said Ms. Smith’s case is just the tip of the iceberg when it comes to navigating the provincial court system in Port aux Basques. She said delays are normal, and time is of the essence when a woman is leaving an abusive relationship.

“The long wait is more stress for victims. They want the legal aspect over with, and often times they’re fearful that the abuse could occur again, especially if the accused is out running free,” said Mrs. Ingram. “Often, women are just left waiting and waiting, and children become pawns in these cases.”

Ms. Ingram said she often sees urgent cases transferred to Stephenville or Corner Brook. While those matters are sometimes dealt with more swiftly, she said travelling can be a financial and emotional hardship for a single woman who has to take time off work and find a way to court in an unfamiliar community.

“Often times, they don’t have the support of family and friends. It leads to uncomfortable situations,” she said.