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JAMAICA’S COURT SYSTEM DOES VILIFY GOOD FATHERS.. READ AND BROADCAST THIS


Hi Met,

I’m in the process of filing a formal complaint against a judge in Jamaica. She is one of a many in the Supreme Court system, and surely the other courts within Jamaica. My case was one of custody of my children. I was awarded custody in November of 2016 of both my children. Their mother was found to be incapable of properly caring for them. This was after kidnapping them and taking them out of the country in 2015 and my pursuing her for months before finding them in Canada (where I and my children are citizens and her a resident by my application years before). The court in Canada returned them to me; and I brought them back to Jamaica where I was working.

From their return to Jamaica (where she is a practicing attorney) it was apparent that I would not get a fair day in court. There passports were seized on her application as I was suddenly a flight risk despite her being the one who removed them from their lives in Jamaica to Canada where she had no plans for them and nowhere to live (unless you call her friend’s apartment in public housing and eventually living with her husband of a few days in his basement somewhere to live). I was unable to see them from June 26th, 2015 until February 19th, 2016 by the order of the presiding judge. She was given supervised visitation on Mondays, Wednesdays, Fridays, Saturdays and Sundays between 3pm and 6pm. They were expected to do homework after visitation (my son was only three initially and didn’t have the homework issue, of course; but he started school in September). They had to eat after coming home and prepare for the next day; and go to bed at 9pm. This was considered fair.

The first Judge found in my favour after having us all evaluated by a psychologist, teacher & caregiver reports and the numerous affidavits filed. All of the affidavits filed against me claimed abuse and abandonment. The allegations were found to be questionable, but the judge did not call them outright false; and gave sole custody to me with the same limitations placed against me with a twist. The mother claimed she still lived in Canada despite being in Jamaica since March of 2016 when the children were returned. A long story short, she was no longer admissible to Canada for reasons unknown. She was given electronic access to the children under supervision.

In October of 2016, I applied for a job outside of Jamaica (as I only worked in Jamaica for two years in my life and the salary was a joke) and was successful in March of 2017. She immediately filed an appeal and for a variation of the order at the same time in January (believing that I had been employed already due to people knowing both of us telling her that I was employed elsewhere). My children spent the Christmas of 2016 in Toronto with my parents and were returned to Jamaica in January (shows I had no intent of leaving Jamaica without first making their departure legal and amicable (mind you, she claimed to be living in Canada). She never actually left Jamaica. They placed an injunction on the Children, seizing their passports. She dropped the appeal and continued with the variation of order (even though a variation cannot change the substantive ruling of custody). I moved to my new country of work in May after ensuring their care and education was cemented until they were able to leave and be with me. Her application was thrown out as there was no evidence to show any change of circumstance (apart from me being apart from them due to her injunction barring them from leaving the country). They filed the exact same application the same day. Injunction was held and they chose their judge.

This new judge immediately asked (in my absence) why the mother cannot have custody and I visit. The judgment was there but she claimed to not be able to read the parts that show exactly why the abusive mother could not have custody. We went back and forth for months where she ordered a social enquiry, another psychological report and statements from teachers, parents and caregiver (AGAIN). It was all in my favour. The judge delayed each time to give judgment after promising judgement eight times from August until January. Reasoning behind this was she couldn’t find a way to give the mother custody. She eventually gave custody to the mother and my attorneys made it clear that an appeal would be filed. The judge said her written judgment would be ready in two weeks. It took until Monday to receive that written judgement after writing to the registrar numerous times, writing to the chief justice who has yet to read anything as he is friends with the judge; and after seeing reading communication between her and the mother’s attorney in reference to the case, which is a breach of conduct and the law. I wrote a scathing letter (email to be exact) to the judge informing her that I have taken the matter up with not only the Jamaican authorities but also the Canadian authorities and I would be filing a formal complaint against her. She was scared stupid after reading my email and sent it around the judiciary, called attorneys and judges (including my own attorneys) and claimed I threatened her and that she had given the judgment to her legal assistant the week prior. My attorneys were called on Monday morning to pick up the judgment.

Met, why would the judgment be ready so quickly, only after her receiving that email from me? Does it not show you what is really taking place? I have every bit of my case here with me as soft and hard copy as I have promised that I will have her removed from the bench and they know I am serious. We have previously spoken on the issue of the missing girls in Nigeria. What I have told you only scratches the surface of what has taken place. I would like for us to not just look into my case, but I know there are many other cases like this. I put my wife through school as a solid family and foundation cannot be one sided, both the man and the woman should be able to come together and make their family better. There is a game that is played in Jamaica. Men are vilified once a woman claims abuse. Many times, the men are the victims and remain silent. I remained silent for many years to a cheating, verbally and emotionally abusive wife. She abused my children as well and I left my job as a manager in an airline to remain in Jamaica and ensure my children would no longer suffer at her hands.

This is not over and I would like to know what we can do to highlight these and many other injustices in Jamaica. The legal system is set up in the interest of only a few people. It is only when they see that they are of equal footing that they decide to be fair and this must stop.

My regards,

Dion Daley

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23 comments to this article

  1. bumblebee

    on July 27, 2018 at 9:03 am - Reply

    Dion, fight as hard as you can to get your children back and to bring whomever to justice. It is rear in Jamaica you see men fighting as hard as your doing for their children.keep up the good fight.

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    • johnnybegood

      on July 27, 2018 at 10:16 am - Reply

      @bumblebee – not sure if yuh is a man or woman. But it is NOT RARE (although you typed rear)! This is the fake news shit that people like spread. It’s not 1980s – men are changing in our culture.

      A lot of Jamaican fathers are facing this. So cut the FK about RARE. You obviously don’t understand what a gwaan a road. Many of us educated men are having the same regrets with these so called educated HOES.

      And when we hit out, we get called all manner of things. Big up Dion – end the fake stereotypes.

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  2. johnnybegood

    on July 27, 2018 at 10:12 am - Reply

    Rasta know. Big up Dion Daley – Real Father!

    Met, this is a powerful article. Shows the lengths of the corruption in Jamaica. The connections thing – SUE OUT DEM RASSCL**T!

    The line where the Real Father said: “There is a game that is played in Jamaica. Men are vilified once a woman claims abuse”.

    People always quick to sympathize-with-a-HOE when in a lot of cases they are the source of the problems.

    A lot of preference is dished out to females which contradicts the message of equality.

    I man seh BUN a chivalry straight – BUN out the always-sorry-fi-woman crap like they need anyone to be sorry for em.

    AND … like Dion realized late – STOP MINE DI WOMAN DEM AND SEND DEM BACK A SCHOOL. Only invest in your KIDS and yourself.

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  3. Bamma

    on July 27, 2018 at 12:42 pm - Reply

    Nuff biased dutty whore won’t comment on this

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  4. Anonymous

    on July 27, 2018 at 12:50 pm - Reply

    Yow as a woman you mek me feel bad in a good way, keep up the fight for your kids. I wish my child’s father loved him as you do!!!!

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  5. Anonymous

    on July 27, 2018 at 3:36 pm - Reply

    It is a trite principle of the common law and of our justice system that justice must not only be done but it should be also seen to be done. Moreover, it is a fundamental principle of the rule of law to be judged by an independent and impartial tribunal. As such, if you believe that there has been an abuse of process, resulting in your right to an independent and impartial tribunal being breached to the extent that it is capable of bringing the administration of justice into disrepute then you and your lawyer should bring a constitutional challenge. I do not feel the need to elaborate here because it appears you have retained counsel whom I’m sure will/have provide(d) you with your legal options from which you can decide how you want to proceed. I would caution however against writing to a judge in circumstances where what you say could be misconstrued. The better view may be to bring your claim through the proper channels. Assuming your accounts of the events are true, I urge you to continue to fight for the best interests of your children and I wish you all the very best.

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    • Too much

      on July 27, 2018 at 9:38 pm - Reply

      Well said.

  6. Anonymous

    on July 27, 2018 at 4:06 pm - Reply

    Folks, there are 3 sides to a story..your side..u wife side and the truth..ppl must learn to be gracious losers in their court cases. You on FB blasting the lawyers name..mind you dont get a defamation of character lawsuit up ur arse..you are feeding ppl sympathy for you information..hush..it hot to lose but a so it go..

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    • Dion Daley

      on July 28, 2018 at 12:12 am - Reply

      If you haven’t noticed, I am not hiding. I can get a defamation lawsuit up my arse but the question is, will it stick when I have the information to back up my claim. This confrontational speak reminds me of someone. I don’t need to be anonymity to speak the truth as I fear no-one. As you have noticed on my Facebook, you can’t see anything but the one post unless we are friends. If I were afraid of the unscrupulous, I wouldn’t allow that one post to be public. I will re-iterate and you can bring it to all who needs to know, I fear no-one!

  7. Marie

    on July 27, 2018 at 9:26 pm - Reply

    It’s possible that she lost her permanent residency status because she left Canada for longer than 6 consecutive months. Good luck in getting the justice that you desire. I rarely ever see men fight this hard for custody. Some do it so that child support can be reduced or they do it for other selfish reasons. (Ex. Bunning the mother). In all fairness, family court can be a nightmare as you have documented, but some mothers do get a warm time as well.

  8. Anonymous

    on July 28, 2018 at 1:15 am - Reply

    @Marie, there is no requirement in Canada to be there every six months as a Permanent Resident. The burden on a Permanent Resident in respect of time spent in the country is to be and proof that one is able to be in the country for at least two out of five years. It is possible that in respect of the latter she may not have convinced the relevant authority of her ability to fulfill the requirements of her obligations. Even so, thanks to the Jamaican Ms. Baker (Jamaicans are in everything) the Administrative case law of Canada is such that it is in the most extreme cases that one loses their status because of the inability to fulfill the obligations relative to the time requirements as such a decision can be challenged on Administrative grounds. Procedural fairness and natural justice in Canada applies to rights, privileges and interests so it doesn’t matter that as a PR she is only in a position of privilege. Assuming Dion’s assertions are true, I find it very curious that (armed with legal knowledge) she would have lost her PR status due to time obligations, without more – but it is still very plausible. I do not know the specific details of her case nor the reasons for her losing her residency status so I will refrain from speculating.

    • Marie

      on July 28, 2018 at 10:31 am - Reply

      You’re right!

  9. Dion Daley

    on July 28, 2018 at 7:26 am - Reply

    Do pardon my English. Sometimes the fingers type faster than the pace of the brain.

  10. Anonymous

    on July 28, 2018 at 5:37 pm - Reply

    Dion I applaud you for fighting for your children. So many of us do not know what it is like to have a father figure around us and our children. Hope justice is served for the children.

  11. Anonymous

    on July 28, 2018 at 10:51 pm - Reply

    This story is onesided. Would love to hear your wife’s side.I am sure she would probably have quite a story to tell too..until then, am just here to fass and read the sympathetic comments..

  12. Anonymous

    on July 28, 2018 at 11:06 pm - Reply

    You lucky..me nah sorry fe no man. My husband carry me go Family Court for custody of my youngest out of spite after I fell out of love with him becaue I realized that he had a thing for little girls…I was in total shock as it was not that he wanted them for a relationship but just to frig them..and the thing was he was a good provider but that shit turned me off totally. Everyone admired our relationship and couldnt believe when I left but it was and is embarassing for me to tell ppl the flaw he had as everyone thought he was the nicest thing since slice bread. So me nah buy you alone story because I have experienced some serious shit with someone who supposedly loved me and couldnt deal with the fact that I cut..

    • Marie

      on July 28, 2018 at 11:35 pm - Reply

      Was he granted supervised access?

  13. The Truth

    on July 29, 2018 at 11:58 am - Reply

    I saw a comment that stated there are 3 sides to the story which is so true. N this is the truth from an outside party who knows both parties & have witnessed everything from beginning to end.

    Dion Daley is a very good provider. He works hard and ensure that his family is not hungry. He provided for them financially. He was great at that. However, he was verbally & physically abusive to his wife. He held her a gun point at one time & because he was the breadwinner, he spoke down to her & treated her like dirt. It would seem that after she finally found her strength & said no more to his abuse & the marriage, he decided to be vindictive & hurt by taking away her kids.

    His job doesnt allow him to be witg his family most of the time. She took care of her kids by herself while she was going to school. She was always there to take of her kids & she has never abused them. Which was very evil of him to say because he wanted full custody of them.

    Seeing that he is saying that he is such a good father.

    1. What kind of father leave his 3 yr old & 8 yr old alone in the late night to drop home his girlfriend & having his 8 yr old daughter crying how scared she is. (FYI, the daughter wrote this in a letter to the psychologist to which the psychologist ignored n neglect to investigate)

    2. What kind of father, after his daughter told him she prefers to live with her mother turned to her & say ‘You are an ungrateful bitch like your mother’.

    3. What kind of father, leaves his kids with a total stranger in the country to take up a job in the middle east exposing the baby boy to physical abuse by the caregiver and possible molestation of his daughter and son. Having the kids crying day and night that they are living in a nightmare & wants their mother.

    Guys, before you cast any judgement on the wife or the court system, try to find out the full story.

    Regards

    The Truth

    • Marie

      on July 29, 2018 at 12:58 pm - Reply

      Come here Dion!

  14. Anonymous

    on July 30, 2018 at 4:06 pm - Reply

    See what a mean about 3 sides to a story!!!Like I say the wife must have quite an interesting story to tell..a him alone deh pan ya a tell him sympathetic story..

    • Truth 2

      on July 31, 2018 at 8:41 pm - Reply

      @bumblebee… If the fight was for all the right reason it would be commendable. But when you fighting to hurt the wife at the expense of the children’s well being, it’s outright disgusting. Dah man deh nuh love him pickni dem. When di wife couldnt tek di abuse no more, plus him a do it infront a di pickni dem she beg him fi stop. she seh she done. Di dutty bwoy tek weh di vehicle and stop pay di bills dem knowing seh she really cyaah afford to tek care a dem… JPS cut off light, she cyaah buy food, him nuh pay dem school fee, dem get eviction notice and di list gets longer. She suffer wid em and she cut and didnt even tek a knife or fork… Only har two babies and try to start ova on har own. A when she file fi custody and maintenance in Canada di dutty nastiness start pretend like him really want him pickni dem. Him only did get custody in the first place bc him seh him want dem live a jamaica wid him and not canada and dat him nuh plan fi guh nowhere him settle a jamaica now.

      As him get custody she pack up and come back a jamaica and appeal… Di batty bwoy keep telling people seh court and doctor find the mother unfit and abusive… WHERE IS THAT REPORT???? Cause Jamaica Court nuh have it. Cause him pocket tall and him have money him guh pay a psycologist to seh the mother is unfit and file it… Dat psycologist need a psycologist harself cause everybody a ask how she deem the mother unfit when she not even know what the mother look like… never even interview the mother for a minute, suh how she assess har and seh she unfit???? But him money did right and the court reject har fuckery. A dat him a bawl bout now.

      Him have him antourage of about 4 lawyers weh just a milk him bloodclaat cause him fucking idiot. UNUH fi ask him if him know how him picnki dem eat, sleep, guh school now? Man just bex cauase him nuffi loose. Him vex cause di man dem weh him pay fi kill him wife tun pan him when dem realize di fuckery… him fi tell di whole puusyclaat story how FLA and police tek weh him gun dem cause a di amount a time him run up him mout seh him a guh shoot up him wife if she get di pickni dem.

      Im a come pan pink wall a look sympathy… Cause yuh know seh yuh wife naah guh come pan dem site yah fi see waah gwaan. But a caah di dutty bloodclaat nuh realize seh people have har back without she even asking.

      Blessing a follow har cause God naah sleep. If she a did eva my family mi dutty up yup nastiness long time.

  15. Truth 2

    on July 31, 2018 at 8:38 pm - Reply

    @bumblebee… If the fight was for all the right reason it would be commendable. But when you fighting to hurt the wife at the expense of the children’s well being, it’s outright disgusting. Dah man deh nuh love him pickni dem. When di wife couldnt tek di abuse no more, plus him a do it infront a di pickni dem she beg him fi stop. she seh she done. Di dutty bwoy tek weh di vehicle and stop pay di bills dem knowing seh she really cyaah afford to tek care a dem… JPS cut off light, she cyaah buy food, him nuh pay dem school fee, dem get eviction notice and di list gets longer. She suffer wid em and she cut and didnt even tek a knife or fork… Only har two babies and try to start ova on har own. A when she file fi custody and maintenance in Canada di dutty nastiness start pretend like him really want him pickni dem. Him only did get custody in the first place bc him seh him want dem live a jamaica wid him and not canada and dat him nuh plan fi guh nowhere him settle a jamaica now.

    As him get custody she pack up and come back a jamaica and appeal… Di batty bwoy keep telling people seh court and doctor find the mother unfit and abusive… WHERE IS THAT REPORT???? Cause Jamaica Court nuh have it. Cause him pocket tall and him have money him guh pay a psycologist to seh the mother is unfit and file it… Dat psycologist need a psycologist harself cause everybody a ask how she deem the mother unfit when she not even know what the mother look like… never even interview the mother for a minute, suh how she assess har and seh she unfit???? But him money did right and the court reject har fuckery. A dat him a bawl bout now.

    Him have him antourage of about 4 lawyers weh just a milk him bloodclaat cause him fucking idiot. UNUH fi ask him if him know how him picnki dem eat, sleep, guh school now? Man just bex cauase him nuffi loose. Him vex cause di man dem weh him pay fi kill him wife tun pan him when dem realize di fuckery… him fi tell di whole puusyclaat story how FLA and police tek weh him gun dem cause a di amount a time him run up him mout seh him a guh shoot up him wife if she get di pickni dem.

    Im a come pan pink wall a look sympathy… Cause yuh know seh yuh wife naah guh come pan dem site yah fi see waah gwaan. But a caah di dutty bloodclaat nuh realize seh people have har back without she even asking.

    Blessing a follow har cause God naah sleep. If she a did eva my family mi dutty up yup nastiness long time.

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