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Old 11-09-2017, 09:06 AM
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Tayken Tayken is offline
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Originally Posted by Doctor Martins View Post
The Applicant Mother has on many occasions argued that there is an imbalance of power. The true imbalance of power is our three and a half year old daughter _________ _________ who has no voice. It is not about fatherís rights, or momís rights. Itís about _________ís rights to have BOTH parents in her life.
Diatribe I would never recommend putting into affidavit materials or any materials going to court. The court knows very well what its task is.

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Originally Posted by Doctor Martins View Post
In truth, neither fatherís nor motherís rights actually matter in the situation. _________ is deprived of rights when she is deprived of both parents equally. Fathers and Mothers are both key to the development of children. The "tender years doctrine" is dead and no longer relevant in Canada.
Again, irrelevant and a statement of belief. Furthermore, the court is well informed of this. The fact you are informed of it doesn't tell the court anything relevant with regards to your matter. I would not do this.

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Originally Posted by Doctor Martins View Post
Even on a first appearance equal parenting time has begun to be recognized. Reference: Coe v. Tope, 2014 ONSC 4002 https://www.canlii.org/en/on/onsc/do...4onsc4002.html
This is relevant as part of a factum or included in a BoA. Never put it in your materials like an application or an affidavit.

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Originally Posted by Doctor Martins View Post
This is a well thought out decision by Honourable Mr. Justice Pazaratz that relied on 9 direct citations in CanLII.
The judge knows this. This is like telling someone how to do their job. The fact it is posted on CanLII means it is important by its very nature. The fact it has 9 citings is important.

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Originally Posted by Doctor Martins View Post
B) UNCOOPERATIVE PARTY

2) Much like the saying ďthose who seek power are the ones who should least have itĒ, the Applicant Mother only seeks sole custody on her terms while rejecting all forms of mediation and compromise.
Too much nonsense in that statement. I don't get the relevance of the "" at all. As well, you really need to follow proper affidavit format. Where everything is a numbered paragraph and simple statements of a fact relevant to the case.

1. I have attempted to canvas the Applicant's input on how the matter of our daughter's custody and access could be arranged and to this date have not recieved a response. I have sent (number of emails) emails to the Applicant on day, month, year, day, month, year, (list them all). Please find attached to this my affidavit true photostatic copies of these emails marked as Exhibit "A".

Is this an affidavit or your Response to the application or a request for a motion? Hard to tell. It's a real dog's breakfast.
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