A former cop convicted of domestic violence is keeping daughter from ex but judge refuses to enforce the law
CBC
Even though former police officer David Martin was on probation for domestic violence offences when he began withholding his daughter from his ex-wife, a Lethbridge judge has refused to enforce a court order.
It's now been more than a year since Lisa Martin has seen her 10-year-old.
"It's just an overwhelming feeling of loss," says Lisa.
In fact, David was facing charges of stalking, possession of a knife, death threats and criminal harassment when the judge awarded him 50/50 custody of their kids even though an emergency protection order was in place.
Court of Queen's Bench Justice Dallas Miller — who has ruled that only he can preside over the couple's family court case — is the one person with the power to compel David to respect the court order.
But the judge has refused to do that.
Lisa believes it's because he admires David's jobs within the justice system as a former police officer and current jail guard.
She said the injustices feel like they're piling up.
The judge has also refused to address what appears to be a blatant conflict of interest. He assigned a woman to make recommendations as to how much time Lisa should spend with her daughter, despite the fact that the woman is friends with David's girlfriend.
Every time David walks into Miller's courtroom, he gets what he wants, says Lisa.
"As soon as [David] knew Miller would do what he wanted, he withheld my daughter," said Lisa.
"I'm not a criminal, I haven't done a crime, I have no charges against me… and yet my ex has [custody] and I've lost custody."
The couple has three children; two are now over the age of 18.
CBC News is not using the real names of the family members involved in this case to protect the children.
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