Big Win For Mother In Custody Battle
Calgary’s legal community took notice of a recent trial win for family lawyer, Brian Warrington. Following a hotly contested three-day trial, a Family Court Judge awarded a woman sole custody citing frequent abuses and alienating tactics of the Father. Adopting Warrington’s argument and supporting case law, the Judge praised the Mother’s parenting ability and criticized the Father at length. Following the Judge’s ruling, a very emotional and grateful sobbing Mother grabbed and embraced Warrington in the busy court room. The Mother
declined to speak to the media.
Says Warrington, “This was something novel, very novel, sole custody is almost unheard of in Alberta. We don’t presume sole custody. You have to prove it. And we did. The Judge even went beyond that, ordering the Father out of the child’s life completely, as he was just so abusive. We felt he was using the child like a pawn to inflict wrath upon the Mother. With solid evidence we proved that” Shown his abusive e-mails, texts and handwritten notes, at court, the Father appeared to excuse it all, continually blaming the Mother. But clearly rattled at Warrington’s cross examination, time and time again, the Father fumbled for excuses, eventually
resorting to saying “So what” at another of Warrington’s unrelenting questions.
Delivering argument to a clearly attentive Judge, Warrington drew upon case after case, pointing out the grounds for sole
custody in decisions in Alberta and Canada wide. “That argument, all the work and written argument paid off” says Warrington; The Judge adopted most of the cases we cited in his written decision.
“That should be the end of a two-year battle” says Warrington. “Knowing there was no end to the squabble I prepared the Mother and set this down for a custody trial. If the Father ever wants to appear in court again he has to appear in front of this Judge to give reason why he should be heard”.
Contact Brian Warrington