Progress for Baynes

June 15, 2010 permalink

Ron Unruh reports on a ruling by the judge in the Bayne case. He has granted the parents an increase in access to their children while the trial in in progress. It is some immediate relief to the family, and is also an indication that the judge thinks the province has a weak case. It looks like the only chance for MCFD to hold the children longer is by stretching the trial out as long as possible before the judge can make his final ruling. For those unfamiliar with the case, we remind you that Ron Unruh is the clergyman who married the Baynes.

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Tuesday, June 15, 2010

CRABTREE RULES / Part 221 / For Love and For Justice / Zabeth and Paul Bayne/

Although the hearing with regard to the Ministry application for a Continuing Care Order is still not completed, the Judge has allowed the Baynes to proceed with an application not only for increased access time with their children but for unsupervised time. You must know that the Baynes have presently interim supervised access. Yesterday, Monday June 14th, the Judge ruled on this application.

The Baynes applied for this:

1. Increase in existing access from two times a week visits at three hours a visit to three times a week at four hours a visit.
2. Visitation to be arranged at the home of Marvin and Ruth Hunt (family friends)
3. Family occasions to be together on all special occasions
4. Mr. And Mrs Baynes attendance at preschool and kindergarten activities as well as to assist at them.
5. To be informed of doctors appointments and to attend
6. Weekends unsupervised access

The Judge gave them this:

1. That access shall be increased from two times a week for three hours each to three times a week for three hours.
2. Reasonable access on special occasions
3. The parents can attend preschool and kindergarten functions in the same manner that other parents do with their children.
4. All information for doctors appointments be sent by email to the parents and if the doctors consents in advance and in writing that the parents can attend.
5. The visitation request to be at the Hunts residence and overnight unsupervised access is denied.

In brief, Judge Crabtree gave them 50% more visitation time in addition to numerous other access opportunities. He also made it clear that distinct, written communication must be provided to the Baynes by the Ministry with regard to all such access opps and it affords them greater involvement in the details of their children's wellbeing.

I view this as a significant award by a judge who is not impressed with the Ministry's legal case to take the Bayne children away from their parents once and for ever. Clearly that is my personal opinion, my read of not only the lack of Ministry evidence in the case but also my interpretation of the meaning of this ruling itself. I am confident that the Judge would have given the Baynes unsupervised access now if not for the perception and the potential challenge that such a ruling would have furnished to the Ministry that the ruling was prejudicial and therefore detrimental to the Judge's final objective ruling on the unfinished hearing. What he granted today was within his power to do, that is, to encourage the Baynes and to mess with the Director's strict control of his interim order over these children. The Judge is the one with the ultimate power and doesn't that bite! Further, the Ministry was unable to make a case to convince Judge Crabtree that the Baynes are such high risk people that they should not have more time with their children but less, much less, in fact no time at all, example: a CCO. The Ministry's affidavit to counter this application was as weak as water and further underscored that when all is said and done in August, these children are coming home. That's because a circumspect Judge deems the Baynes to be good and fit and reliable parents and it is in the children's best interests that they come home, and social workers in the system should applaud – this is not a competition.

Posted by Ron at 12:01 AM

Source: Ron Unruh blog