“He’s nasty because he’s angry and he’s angry because he’s a lawyer and his reputation has been jeopardized,” Dave said, a hard edge to his voice.
This had been a complicating factor since the beginning. When Peter and I split he was convinced he was the one who had been wronged and he seemed to act irrationally, doing things that went against the law and his legal training. During a routine title search in preparation for the divorce trial, my lawyer, Gerald Reid, found Peter had conveyed the matrimonial home to someone named Robin Williams. At trial, Justice Bruce MacDonald had not only found Peter guilty of illegally conveying the house but that Peter had faked the books and dates for the house transfer. As a lawyer, Peter knew the Law Society of British Columbia would eventually investigate this finding of fraud against one of its members. He had jeopardized his reputation by his own actions, but he blamed me, and when he wasn’t blaming me, he was blaming my lawyer, Gerald.
I don’t think this is about Dash at all,” said Dave.
“Me neither. But I don’t think it’s about money, either. It’s about control.”
“Imagine how bad he would be if he hadn’t been given Dash?”
“Yeah, well then I wouldn’t be going to him for everything. He’d be coming to me, and I’d make sure we all stayed calm and focused on Dash and the future, not the marriage and the past. I wouldn’t play games like he is.”
Dave went quiet. Peter did have custody; he was playing games. Dave felt me tossing and turning at night as I worried about what Peter would do, about how things might never settle down the way we all needed them to. He remembered the first time he had met my ex-husband. Peter had rushed to tell him, “All I want is control, and all I care about is Dash’s love for me.” Dave and I walked on silently and I felt his hand squeeze mine. We were so lucky to have found each other, and I wanted to think about that, not Peter. The baby changed position, and with a smile I placed my hand on my hard stomach.
“Ah. He wants out, our little boy does,” Dave said. A first-time dad-to-be, he reached across and patted my bulge tenderly. “He wants some of what Dash gets.”
“Well, he’s going to get lots of it,” I said. “But today we have another little boy to take care of. Let’s get through this meeting and get that summer schedule.”
“Good,” Dave replied. “Let’s do it. It’ll be okay.”
“No, it probably won’t,” I said. “But Peter might behave better if you don’t say anything.”
This was hard for a big, protective man like Dave. I was the woman he had fallen in love with, but I had an ex-husband who tore strips off me on the phone, on the doorstep during Dash’s changeovers, in front of Dash, in front of him, as though taunting Dave. What are you gonna do about it, big guy? Dave, a successful businessman, and Peter, a successful lawyer: one gratefully, joyfully, in love with me; the other filled with hatred. One who would do anything for me, the other who had Dash and could control us all with him.
“I won’t say a thing, Pam. It won’t help.”
“I know this is tough for you, Sweetheart,” I said, linking my arm through his.
“Yep, it is. But I understand why, and I’ll do my best. I’ll sit there with my buttoned lip and smile. Come on, let’s just do this.”
Off in the distance I saw Peter at the corner of Trimble and West Tenth Avenue. He was unsteady on his feet. He wore sunglasses, his shirt was half-untucked, his pants were rumpled.
“Oh, no,” I said, slowing, pulling Dave back.
“Come on. It’ll be all right.”
“Dave, he’s drunk.” I felt deflated. “I know how this is going to go.”
“We’ll just have to see. Come on.”
It had been a long and painful winter. Custody trials were supposed to set things right, weren’t they? Like most people, I’d had an intuitive sense that court was a bad place to end up, and had begged Peter to consider mediation for our divorce. But he didn’t want mediation. He was a high-flying criminal lawyer, sought out by clients who were charged with drug offences. His preferred arena was an adversarial one. I went into court as the besotted mommy. “Yes, Dash adores his daddy and Peter adores him. Yes, despite limitations, Peter has been a good father.” But my testimony had ended with the issue that most concerned me. “I believe Peter will use Dash to control me. I believe Peter will use Dash to hurt me.”
Early in 1989, mediation with Peter’s criminal-lawyer friend Ross Senior had been a disaster. Peter had moved on to colleague Russell Trekiak, and I reluctantly hired Rosemary Nash, a family lawyer that our marriage counsellor recommended. Letters flew immediately and, by June 2, 1989, with Peter’s new lawyer Barbara Nelson, we stood in front of Justice Douglas Wetmore.
By that time I had become increasingly concerned about Peter’s drinking while Dash was with him. The weekend before the hearing, Peter had arrived to pick up his son with a half-empty bottle of wine wedged between the front seats of his Jaguar. What I should have done was call the police, but I was too afraid. I knew it would make Peter even angrier if I got him into trouble, but, on the other hand, what if he had an accident while driving with Dash? Peter’s drinking was one of the reasons I always had my nanny accompany Dash when he stayed with his dad.
My lawyer repeated my concerns to Justice Wetmore, who sighed and, in a fatherly tone, said, “Peter, will you not drink while you have the child with you?” He then ordered specific access and adjourned both of our interim custody applications.
My shock at Justice Wetmore’s familiar and cavalier approach to Peter and his drinking was not lost on Rosemary, who broke an unwritten rule and wrote the judge to explain how I felt. I then requested a meeting with Justice Wetmore and Peter’s lawyer, because Wetmore had chosen to seize himself of the matter, meaning we could only go back in front of him as our judge. Wetmore had agreed with Peter’s counsel that psychologist Dr. Michael Elterman, who was well known to the courts as an expert witness in family matters, should do the custody-and-access report.
My meeting with Justice Wetmore never did take place. Instead the tension between lawyers began to build. Shell-shocked and numb, I watched their obviously biased presentations — arguments about what had been said, clerks’ notes ordered to clarify, and orders redrafted. Dates to have orders resettled filled the months between June and September 1, when once again we stood in court. We had received Dr. Elterman’s second and final report before the trial in August, and Justice Sherman Hood made his order. In 1989, the courts seemed wary of giving joint custody to parents who were viewed as not being able to get along. The psychologist’s report had recommended joint custody, but, if a decision had to be made, then Peter should be the custodial parent, because, Dr. Elterman stated, Dash was more psychologically attached to Dad than to Mom.
Between the time Dr. Elterman’s report was made available in August and our court date in September, I had tried again to meet with Peter, begging him to agree to joint custody for the sake of our son. But Peter had no intention of agreeing to any such thing. He laughed when I brought up the idea, saying, “You must be joking. The report is in my favour and I know everyone down at the courthouse. I’m not going to agree to anything with you.” It was that simple; it was that devastating. And Peter was right. Justice Hood ordered interim custody to Peter. More letters flew, as Rosemary battled to clarify Dr. Elterman’s position. The matter was settled on September 27 and, within five days, Peter had refused to let me speak to Dash on the telephone. It’s already happening, I had thought.
We each had nine months to prepare for the divorce and custody trial. I spent them enjoying my life, my new love, and my beautiful son, then just five years old. Peter found a new partner, a tough family lawyer. Nevertheless, he continued to brew up trouble. Peter flew into a rage with Dash’s kindergarten teacher when she invited me to their class Christmas party. “How did Pamela even find out about it?” he demanded, because in his mind, as the interim sole custodial parent, all information flowing from Dash’s school had to g
o through him. Peter phoned and told me, “I have the right to choose whether you are in the school or not, and I don’t want you there.”
I volunteered at Dash’s school only one half-day a week (on Fridays, my access day), but Peter began telling the school, more and more loudly each time, that I was upsetting Dash by being there. Dash began to complain — though only to Peter, who quickly wrote it up and distributed it in affidavits — that I was “buggy” at school. Peter complained that I was alienating the teacher from him and confusing the school as to who was the custodial parent. My presence a half-day a week and my friendship with Dash’s teacher was causing mayhem, apparently, and the only thing that would fix it would be removing me from the school. That would calm the situation, Peter contended.
“The situation is calm,” I pleaded to the principal. “This is just Peter making an issue when there isn’t one. Why doesn’t he come and be a class parent, too? I just want to be with my son in his school environment, a half-day a week, the way I always have.”
But Peter said I had to be stopped. I had “aggressively and unilaterally” involved myself with the school. My activities were “completely out of hand.” The principal panicked, believing the school was going to become a battle zone between warring parents. “There is no war!” I cried. “It’s not a war zone if only one person is fighting!” But the school wanted to neutralize itself. The principal called me into his office one Friday and told me to leave and not come back. Cast as one of two disputatious parties, in the blink of an eye I was gone.
An eczema rash on Dash’s face flared up one day when he was with me, so I booked an appointment and took him along to see our pediatrician, who had looked after Dash from birth. Later that day Peter went barrelling down to the doctor’s office to tell him that, as interim sole custodial parent, only he was to make appointments for Dash. I was not to be given any information about Dash’s health, injuries, or illnesses without express permission. I was not to take Dash to the doctor. The doctor was astonished, but had to comply, because Peter’s demand was perfectly legal. Peter would tell the court that he had acted so the poor doctor would have to deal with only one “anxious” parent.
Peter also flaunted his custody, accentuating how little power I had: I went to the school to pick up Dash for an access weekend, but was told he was in Mexico with his dad for a week. Apparently Peter didn’t need my consent to fly Dash half a continent away. I kept thinking, Once Peter moves on with his life and drops his anger, things will calm down. He won’t need to stick it to me. He’ll stop trying to upset and marginalize me. He’s got the control he wanted and he has Dash — surely he’s going to forget about me, that I left him, that I’m in love with Dave, or whatever it is he hates me for.
But really nothing changed, not for the better anyway. Peter’s anger peaked still higher. Though sometimes he was deathly calm, cold and impersonal, as if I were a telephone company he was calling about his bill, mostly he was enraged. “Fuck off, I hate listening to you,” he’d say, or “I hate you. I want to push you off a bridge.” Sometimes Peter would say nothing and simply hang up the phone as soon as he heard my voice. When he didn’t, instead of getting Dash for me or discussing with me the things we needed to organize for him, he would harp on past grievances.
“But you got what you wanted! You got Dash!” I would protest. Then Peter would hang up. He was worse than I’d ever seen him. Though alcohol had been a major factor in the breakdown of our marriage, at least then he used to hide himself away to drink. Now he was brazen about it, leaving slurred messages on my answering machine and sending scrawled, unintelligible faxes late at night.
Things were rotten in Denmark, but Dave and I agreed with Gerald, my lawyer, who had warned me before we went into our permanent custody trial, “You have an interim psychological assessment against you. We might vehemently disagree with Dr. Elterman and say he was biased and produce all your associates to say they felt rushed and ignored, but his report will stand and the judge will heed it strongly. So the last thing we do is talk negatively about the other parent, even if it’s true.”
“So we can’t go in saying, ‘Peter is manipulative. Peter is a drinker. Peter is abusive’ because the court just doesn’t want to hear it?” I asked.
“Right. We just can’t play that game. We have to go in there talking about you, Pam, not Peter, and focus on the future, not the past. We have to stay above the fray, even if Peter doesn’t, and we can’t sling mud, because it’ll only end up sticking to you. There is no question, Pam, that the court will see you as a good, fit parent. It’s a tough fifty-fifty split.” Gerald sighed. “The psychological assessment didn’t condemn you, it just chose Peter. We don’t know why, maybe because he put his hand up first, maybe because the court-appointed psychologist liked him better, maybe because he told him things that we will never know about. Who knows? It doesn’t matter. We have to concentrate on showing that you are the balanced parent here, that you aren’t angry, that you have moved on. Then we have to rely on the courts.”
“But what about all the things Peter’s been doing?”
“He’s worked the ‘grey’ areas very well, and he’s in the power position, because he has interim custody. Warring parents aren’t given joint custody because, in the courts’ view, they’ll just keep fighting. They seek to appoint a ‘boss.’ It looks to me like Peter’s doing all this to claim the title ‘sole custodian.’ Dr. Elterman told us all in his interim report that, if the parents don’t settle down, he will recommend Peter for sole custody. So if it’s made to look to the outside world as if you can’t get along in all-important areas of Dash’s life — his education and health and welfare — Peter will have created an atmosphere for the appointment of this ‘boss.’ That’s the reality here. We’ve got an uphill battle.”
Dr. Elterman’s consideration of joint custody had been short-lived because of what he called the “ongoing conflict” between Peter and me. Look at these people, he seemed to be saying, they’re still fighting. It was exactly what I’d dreaded. “Don’t lump me into this. It’s Peter who’s fighting!” I wanted to plead. Giving Peter permanent sole custody, Dr. Elterman said, was “the only way to stop or minimize” the war. In Dr. Elterman’s view it was Peter who “more closely resembles the idea” of Dash’s “psychological parent.” Dr. Elterman recommended that sole custody should go to Peter, saying that we were “two very good parents,” but, while “Mrs. Hart is a good parent; Mr. Hart is an excellent parent.” My lawyer asked him later in court, “Does an excellent parent attempt to exclude another parent from a constructive role in the child’s education?”
“No,” said Dr. Elterman.
“Does an excellent parent attempt to exclude the other parent from a constructive role in the child’s health?”
“No.”
It made no difference. Peter got permanent sole custody in the ensuing seven-day trial in May 1990. The “grey areas” had been successfully covered during the interim period. Peter lived in the matrimonial home. Peter had raised two grownup children (with the repeated emphasis on his son, Greg’s, doctor-in-training status and his daughter, Lisa’s, work as a nurse). He had secured the employment of Rose, Dash’s nanny (though she had been my employee for four years). Peter still lived down the road from Queen Mary Elementary, the school, according to Peter, Dash had “been told all his life” he’d be going to attend in Grade One; I had moved to West Vancouver. Peter was going to start working from home.
Peter had convinced the court that he had single-handedly raised two children for the past eight years, even though I had lived with him and the family during all that time. Peter also convinced the court that he and his first wife, Mary Louise, had coparented well. But Peter had left Mary Louise, and when she remarried and moved to Washington State, he insisted the children stay with him.
Dr. Elterman had said I was a “good parent,” and so did the court. The judge gave me 50 percent of Dash’s time and believed Peter’s reassurance that
he would keep me fully involved in Dash’s life. I took comfort in the fact that the judge hadn’t so much found against me as it had found for Dash’s continuity in his neighbourhood, with his nanny, in his old house. While I didn’t believe that Dash’s continuity equalled Dash’s stability, the judge believed Peter would settle down once he was awarded custody.
I was home and five months pregnant when Dave returned early from work. I knew from the look on his face what he had in his hand. Knowing how upset I’d be, my lawyer had called Dave and asked him to bring the reasons for judgement to me himself. The court said that, if Peter and Dash moved out of the matrimonial home in West Point Grey or the nanny left, as access parent I could reapply for custody, but, for now, Peter had won. “I’ve lost all custody?” I asked, bereft. “Peter has all the power here? Oh, my God, Dave. What’s going to happen now?” Dash was just about to turn six. What I felt as I held the custody decision in my hands was fear, mixed with great loss. My ability to parent Dash — or, I panicked, be a part of his life at all — had fallen completely to the mercy of the only man in the world who wanted to push me off a bridge. With little recourse and a perennial hope that the past was not the future, I had to set about making sure that Peter united with me to raise our son.
The trial had wrapped up two weeks earlier, and now Dave and I walked down West Tenth Avenue to meet Peter, the rumpled man wending his way into the restaurant ahead of us. Dave and I crossed the street and followed Peter inside. He was sitting at a table near the bar.
“Hello, Peter. Thank you for coming,” I said mildly, as Dave and I sat down.
“Oh, it’s you — the liar,” he said, his voice already slurred, his redrimmed eyes ablaze. He had ordered a beer and now took a long slug. I shot a quick look at Dave. Don’t respond. He nodded imperceptibly.
“There’s no way you’re getting anything out of me,” Peter told me icily.
“Peter, I asked for this meeting so that we can talk about summer, not the trial.”
A Kidnapped Mind Page 2