Recent Court Ruling in the Superior Court

1
Recent Court Ruling in the Superior Court of
Justice Shines Light on Dangers of Parental
Alienation
2
(TORONTO, ONTARIO) Judge Kristjanson of the
Superior Court of Justice in Toronto, Ontario,
recently ruled against Elizabeth Minetts
accusations of child abuse against Edward
Herztock as they pertained to their son,
Lyon.   According to court records, in 2021,
Minett attempted to open a child abuse case
against Herzstock while also withholding the boy
from time with his father.   After the first
investigation was opened and closed within a week
and a second within a month, court records show
the judge called the mothers allegations
unsupported and lacking in credibility.
3
Lawyers are the only persons in whom ignorance of
the law is not punished. The mothers affidavit
is filled with vitriol attacking the character of
the father, generally to establish that the
father lacks credibility and would be a flight
risk (i.e., he would abduct Lyon), and so there
should be no parenting time outside Ontario,
Judge Kristjanson said in court records. I do
not accept this. Most of the examples relate to
the fathers conduct in business. Much of it is
inadmissible hearsay. Most of it appears to
predate the childs birth. The father here is
seeking to continue his bond with his child,
despite many roadblocks set up by the mother. I
would expect her to refrain from this kind of
attack in the future.  
4
After reviewing the case and interviewing Lyon,
court records show that Huron-Perth CAS (Child
Services in Ontario Canada) found all allegations
(Allegation 31C-Adult Conflict/Risk of Emotional
Harm and Allegation 11F-Risk of Physical Harm)
not verified and inconclusive. However it is
noted by the investigator Lyon the child is
not displaying any signs of emotional distress,
although confused about not seeing his
father. This, together with other evidence,
indicates that the mother is not supporting the
childs relationship with the father, she said.
I was also concerned with the vitriol in the
mothers affidavit about the alleged character of
the father.  
5
  At the conclusion of the case, the judge ruled
in favor of regular and predictable parenting
time split between both parents while increasing
Herzstocks parenting time and ordered the mother
to pay costs of 10,000.00. I find that the
mother has not established a risk of harm to the
childs safety that would lead to a requirement
for supervised access, judge Kristjanson said in
court records. Here, the father has had
overnights with the child since 2020. Although
the mother now asserts in her affidavit that she
had concerns about physical abuse since shortly
after separation, this is belied by her conduct.

6
In March 2021, she consented to an Order that
allowed the father to have three overnights every
two weeks. This continued and, I find, expanded,
even after the temporary order expired in
September. She states that in November, she had
increased concerns about physical abuse yet
allowed the father to continue with overnights
until December. Again, the mothers actions at
the time speak louder than the words in the
affidavit.   Herzstock was presented by Patel
Leonard, LLP, out of Brampton, Ontario.
7
THANK YOU FOR WATCHING