Kim Kardashian & Kanye West Divorce: It’s not funny in Canada

The Kim Kardashian and Kanye West divorce involves a bad combination of mental illness mixed with celebrity status and what is called family violence as icing on this tragic cake we call the Kimye Divorce.

To many, it is entertaining and has dominated social media and celebrity news. But underneath the entertainment lies the widespread and dangerous reality of power imbalances in relationships, coercive behaviour, manipulation, embarrassment and bad judgements, some of which will forever impact the children caught in the middle of a situation they have no control over.

Kanye West in his latest music video “Eazy”.

What Kanye West has done post-separation is widely covered all over the media. Some of his antics include:

1. Embarrassing and shaming his wife;
2. Accusing his wife of not letting him see his children;
3. Making artistic death/murder threats towards his wife’s new boyfriend;
4. Accusing his wife of being a bad mother/neglecting his children, etc.

Source: Kanye West’s Instagram

Unlike many of us who are not public figures, celebrities often have their divorces broadcasted to the whole world. The more influential the public figure, the greater the discussion surrounding their relationship breakdown is likely to be. Everyone has an opinion, and we all become bystanders to their relationship breakdown.

The Source of Manipulation and Control

Kanye West’s behaviour towards Kim Kardashian is not unique. It is not new, nor is it acceptable.

Source: Kanye West’s Instagram

Our family lawyers see such behaviour almost daily on some of our files. It is disturbing and seems to worsen with separation because the abuser tries to maintain control over the relationship more and more as the relationship comes to an inevitable end. Sometimes that control lends itself to going as far as murdering the other spouse or their new partners.

Although it is so common, it speaks of a more significant social problem we have to this date. And that is the disparity of gender power and roles in some marriages. And the abuse that comes with it.

Coercive control and domestic assault are now starting to become recognized and punished in Canada through the Tort of Family Violence in which the abuser may have to pay hundreds of thousands of dollars to the victim for committing such behaviour during the marriage.

Kanye West’s Family Violence

In British Columbia and Canada, a finding of family violence may mean that the parent who engages in it may lose all parental rights with the children and/or have supervised or no access to the children. It would not be uncommon for a judge in B.C. to order Kanye West to stay away from Kim Kardashian and the children unless he gets well.

Under BC’s Family Law Act, the term “family violence” includes:

• domestic violence,
• stalking,
• online stalking,
• intimate partner violence,
• physical abuse,
• psychological abuse;
• neglect;
• insulting or belittling behaviour,
• financial control,
• destruction of property,
• physical and sexual abuse, including murder.

What the Canadian Courts May Order Kanye to Do

If a court makes a finding of family violence towards the parent or the children, it will have a broader discretion to address such behaviour in children’s best interests. This may include:

1. Ordering counselling;
2. Ordering psychological assessment of the parent or children or both;
3. Making conduct Orders;
4. Making protection Orders;
5. Ordering supervised parenting;
6. Ordering suspension of parenting time, etc.

Given our courts’ expansive view of family violence, a party who feels a genuine threat to their safety or the children can obtain a protection order or order for exclusive occupancy. Our BC jurisdiction considers the mere possibility of family violence to be very serious and has taken steps to ensure that every at-risk family member is protected.

The burden to obtain a court order for protection is not a high one, and if there is a good reason for that because family violence can manifest in many different ways and that the only person who can ascertain whether the other party will cause them harm is the party asking for protection.

The Danger of Kanye West’s Violence

It is not uncommon to hear stories about domestic violence victims who sought help but could not convince a court to obtain their needed protection. Some of these cases have ended in the victim or their new partners being murdered by the abuser.

Our courts take a more progressive approach and provide spouses with the benefit of the doubt. They shift the evidentiary burden to those who oppose or seek to overturn the protection order. They prioritize those who seek protection and allow the opposing party the ability to set aside the order – this is the best way they can balance everyone’s rights.

So no, Kanye West’s behaviour is not funny nor entertaining in Canada. It is serious, dangerous, harmful not just to his wife but to his kids.

And any bystander watching this from a distance and finding it entertaining but not disgusting should have a deeper look at the public abuse and control Kim Kardashian and the children are subject to.

Kim Kardashian Not Seeking Protection Order

It has been reported that Kim Kardashian has not sought protection against Kanye because she believes a court Order would not stop him from behaving the way he does and that it would not serve a purpose.

This is not the way most Canadians deal with these situations. Anyone in repeated contempt of a court order can be subject to severe consequences ranging from fines to being put in jail to stop the abusive behaviour.

The fact that Kanye West might continue his behaviour despite a protection order is no good reason not to seek protection to stop the family violence.

Seeking a protection order requires a long term perspective on the situation and asking the following questions in the best interests of the children:

1. When my children grow up, would they be happy with me doing nothing about the public harassment and abuse, or would they have wanted me to do something about it?
2. Should this behaviour stop, given its danger to myself, those around me and the children, even at the cost of putting the father in jail? Would it be worth it?

Family Violence Does Not Discriminate Based on Status, Education or Wealth

In a recent episode of The Daily Show with Trevor Noah, Trevor raised an important point: she cannot get her former spouse to stop harassing her despite how rich, or famous Kim Kardashian may be. He does not state that Kanye West would harm Kim Kardashian or the children but does indicate that there is a valid concern given his actions given Kanye West’s discussion about his mental health.

Sometimes, there is only one way to deal with bullies or those who are not mentally well. Doing nothing about it may not be the right choice.

If the Kim Kardashian & Kanye West Divorce took place in British Columbia or Canada

If the Kim Kardashian and Kanye West divorce took place in B.C., Kanye West’s behaviour would meet the definition of family violence. As a result, the protection order would have been granted, and if it were breached and he is found in repeated contempt, Kanye West would have likely been jailed.

Written by Leena Yousefi and Amber Cheema, March 22, 2022.