The following is a feature post contributed by to Kids’n’ Dad by a Separated Dad. Names have been altered to protect the privacy of the individuals involved.

Dear God,

This Wednesday is my daughter’s birthday. As usual, I am going to celebrate having a healthy and talented twenty-four year old girl. Whatever my financial situation, I never miss her birthday, and this year is special. I’m going to take a day trip to Niagara Fall and enjoy a five- star buffet lunch at the revolving restaurant at the top of Hilton Hotel to enjoy the view. Mary is with me in my heart! 

It was 15 years ago Mary, and I had a Happy Meal together at MacDonald restaurant to celebrate her ninth birthday. It was her idea to have the Happy Meal because she was collecting Pokémon toys that came with the meal. We spent a solid one hour of quality time together mostly at MacDonald’s and in the car. Her mother called that a special privilege – she was kind enough to allow the extraordinary hour outside my visitation right. She proclaimed that was out of the compassionate ground as a good Christian – our Separation Agreement did not have a birthday clause. Well, she had sole legal custody, the laws allowed her to make all decisions, major and minor, for the best interest of our daughter. I have no other options but wholeheartedly accepting whatever offer was granted from the mother to be with my only daughter.  If not, I could go back to the divorce court for another battle.

According to the Separation Agreement, my visitation right was bi-weekly from Saturday 8 AM to Sunday 5 PM. In addition, there was a footnote attached: the mother had the right to change the time and date for the visitation by giving the father sufficient times and reasonable clarification. It was not written explicitly in black and white what was sufficient and reasonable.

The week after Mary’s ninth birthday I had her for the weekend.  Her grandparents were at the cottage; my mother missed her so dearly and they wanted to celebrate her birthday and present her with gifts. It was a wonderful weekend for the family gathered beside the lake with a camp-fire and full of laughter. Unfortunately, most good times and happiness are impermanent. On Sunday afternoon I was ready to take my daughter back to her mother, but my father had a severe pain in the chest. So, we decided to rush him to the Walk-In clinic in town for checkup since my father had a long history of a heart condition. It was an unforeseeable situation and I left Mary’s mother a voicemail on her answering machine to explain the dilemma and mentioned we will be late arriving home. At the time, the only means of communication for both of us were the landline or emails. Fortunately, it turned out my father’s chest pain was a pulled muscle, so I drove them back to the cottage.  Again, I called my ex-wife at the gas station and left a message to inform her we were on the way home.  

By the time I and Mary got back to her mother it was almost 8 PM. Two police officers were in the house. Apparently, my ex-wife reported her daughter was kidnapped! Out of frustration and under distress, I argued with my ex-wife in the presence of the police officers and my daughter concerning my father’s physical health. I was told by the police officers to go home and do not come back to her house until I heard from Children’s Aid Society. It turned out that was the last time physically I was with Mary.

First time on Monday morning, my lawyer informed me that my ex-wife filed a restraining order due to my aggressiveness and her safety, and I had to play by the rules to stay away from her and Mary until further notice and investigation. That sparked off another new round of custody battles. First was to remove the restraining order and then the amend the original Separation Agreement. The divorce court and processes are very complicated, prolonged, and not to mention very expensive. It took more than two years and two court appearances to have the restraining order removed and added a couple of clauses so that I have the opportunity to see my daughter more frequently with the blessing of her mother. During this time, I was prevented from contacting my daughter – not even supervised visitation until the court made the final decision and legally amended the Separation Agreement.

Finally, the day arrived – what a relief – and my visitation right resumed. It happened on that weekend of Mary’s twelfth birthday. I phoned my ex-wife on Saturday morning to arrange to fetch my daughter. To my surprise, another bomb exploded – my ex-wife told me that Mary was not feeling well and was not in the mood to see her father. I insisted to come to the house to see my daughter with her birthday gift.

Was it a crime for the father spending time with his daughter?

I arrived at their house, and although I knew they were inside the doorbell was not answered. After a few minutes, someone must have called the police, a police cruiser arrived, and I was told to stay inside my car while the police officer went into the house to speak with my ex-wife. My anticipation was the police officer coming out hand in hand with my daughter with a smiling face. On the contrary, my dream turned into a nightmare. In fact, I got a stern warning from the officer not to come near the house to cause trouble until I heard from my lawyer.

My immediate reaction was to turn to my lawyer for help. He was the smart one that negotiated the best deals for his clients. The answering machine from his office said he was out of town for business. Without wasting any more time, I called the Family and Children Service (FACS) and spoke to the on-call case worker and explained to her about my distress and even reported that incident as child abuse because the mother prevented the daughter to see her father. The FACS worker delivered the same statement I heard before so many times from the authorities: Please stay away from the house until further notice!   

I received a call from FACS on Monday morning with an invitation for a meeting. Eagerly, I went there with high hopes and a bagful of court case notes and legal agreements. The result of the two hours meeting with FACS was that they clearly explained to me that their protocol was to investigate child abuse and the best interest of the child without bias. In other words, they were going to hear both sides of the story and my daughter played the major role.

During FACS investigation, my visitation right was on hold. Eventually, I received a report from FACS after two months and two days. The verdict was sweet and simple. The case manager set up eight counselling sessions for father and daughter to re-establish their relationship since they have been apart for more than three years. Graciously, I accepted the offer with open arms and looking forward to heal the wounded hearts. I fully understand the impact of the family conflict on the child’s mental health.   

Enthusiastically, I showed up early for the first counselling session, like a first date, with a box of chocolate and the birthday gift, my daughter’s favourite Harry Potter book. Unfortunately, my daughter did not show up, and I went home disappointed. The counsellor reassured me he would contact my ex-wife to remind her of my daughter’s appointment. The next week I attended the pre-arranged second counselling session with the same box of chocolates and the book. It was a no show. The counsellor advised me to go home and wait. Do not do anything foolish – stay away from them for now. FACS will look into the matter.

A few days later I received news from my lawyer with FACS recommendation.  The reports spelled out in details the obligation of FACS. Basically, the best interest of the child means that – all custody and visitation decision are made with the ultimate goal of fostering and encouraging the child’s happiness, security, mental health, and emotional development into young adulthood.  According to the divorce law, when a child is over 12 years old, he or she has the option to choose and make his or her decision. The finding indicated my ex-wife was a good mother since my daughter attending a gifted school and programs, living in a positive home environment, without her father’s involvement. What?

My lawyer comforted me and told me not to worry for he had a plan for how to get my daughter back. His strategy was to hire a child psychologist to make some assessments and prove my daughter is suffering from Parental Alienation Syndrome. We could throw the medical diagnostic in front of the judge to pressure him to change the Separation Agreement and FACS findings to my advantage. My lawyer even willing to do it at a reduced rate of $25,000.

That was not a win-win situation. I decided to walk away, not from my daughter’s life, but from the divorce industry. I had no more money and energy to sit in court again without end. I already lost my house and half my pension savings, and now my daughter. The only rational solution for me is to change my mindset since I could not change the situation. Even though my daughter and I were not physically together, I’m still trying my best to be her father; persistently, every Christmas and birthday I continued sending her greeting cards and gifts. Sadly, most of them are returned to the sender. Eventually, I stopped when the new house owner informed me, they moved away without leaving a forwarding address.

It was 15 years ago the last time Mary was with me at the cottage. We had no contact at all. Nowadays, it is not difficult to search for personal information on the internet. I found out from Facebook – the pictures were almost unrecognisable – it shows my daughter has become a young lady, not a child anymore. She had been with her mother and an unknown person visiting a couple of exotic tourist places. Her LinkedIn illustrated that she achieved high distinction. She was awarded a full scholarship for post-graduate school. Besides academically excelling, she had been active in student leadership. I read her writing on social justice issues. 

This year I have good reason to celebrate my daughter’s birthday with style. First, I have fulfilled my child support responsibility since she completed her first university degree according to the Separation Agreement. Second, my spouse support payments obligation have only five more years to go.

I am a proud father. Thank you, Lord, for giving me such a healthy and talented daughter!