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Law Times • February 2, 2009 FOCUS Family court judge goes by the book BY IAN HARVEY For Law Times A is fter 14 years sitting in North York family court, Justice Harvey Brown- stone says it's time more judges started speaking out directly to the public. He's done just that with his new book Tug of War: A Judge's Verdict on Separation, Cus- tody Battles, and the Bitter Realities of Family Court (2009 ECW Press $19.95), which is selling on Amazon and at the courts at 47 Sheppard Ave. E. The book hits general bookshelves in March. "Family law emotionally wrenching," says B r o w n s t o n e . "You're dealing with people who are temporarily in- sane and in some cases permanently insane. Most have no money to pay for legal fees and even those with lawyers aren't lucrative clients and can be difficult to deal with. It's an area of law many lawyers just don't want to deal with." That a sitting judge has taken you'll get more advice on the process of family law and what to expect than clients could ever get from a lawyer for that price," says Brownstone, noting all the proceeds go directly to Chil- dren's Wish Foundation. Things are improving in the system, says Brownstone, though smaller jurisdictions that don't have the resource of case man- agement still struggle to bring uniformity to the process. Rule changes now mean there's a case conference before affidavits are filed in which the pro- cess is explained, and litigants get a heads-up on what the consequences of their actions might be. Still, he says, too Justice Harvey Brownstone many litigants are self-represented. "They think it's Judge Judy, like it is on television but when they get the step of writing a book about the area of law he presides over is unusual enough. What's even more unique is that the book is directed squarely at family law litigants and written in simple, clear, non-technical language with the unambiguous aim to educate those going through separation and custody issues. What it is not is a romp down memory lane and a look at unusual cases, though there are some cases cited casually in reference, nor is it a critique of process and procedures. His book is intended as a no- nonsense guide to litigants, urg- ing them to consider the conse- quences of a protracted battle over their children that will never result in a "win." Brownstone's effort has drawn solid support from the bench. Retired chief justice Tedford G. Andrews — whom Brownstone describes as one of his earliest mentors — says in one of the fore- words: "This text is a very valuable contribution. Every lawyer's office should have several copies to offer clients entering spousal conflict." Other foreword contributors include Justice James D. 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I've had litigants say if they have to take another day off work to come to court, they're going to lose their job and that's true." His biggest frustration, how- ever, is in dealing with child custody cases. "I have no problems with people fighting about money in court," he says. "But with chil- dren, they're never in court, we never see them but they're the white elephant in the room. I "Marriage Contract" Precedents One researched and prepared by S. Christine Montgomery, B.A., LL.B. Our Marriage Contract precedent is easy-to-use, comprehensive, well-drafted and can be applied to a full range of marriage contract scenarios - from the most basic to the very complex. The check box format allows you to select required clauses based on the needs of your client. Once you have selected the appropriate clauses, click the "create" button, and you've got your customized Marriage Contract draft in your word-processor... ready for legal review and easy completion! It's that simple. 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I think we judges have a role as educators as well to enhance access to justice. I'm hoping this book will encourage other judges to make themselves heard on access to justice." LT PAGE 15 For a 30-day, no-risk evaluation call: 1 800 263 2037 or 1 800 263 3269 www.canadalawbook.ca CA043 Canada Law Book is A Division of The Cartwright Group Ltd. • Prices subject to change without notice, and to applicable taxes. www.lawtimesnews.com LT0202 ANOWVAILABLE