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-   -   Could this get any worse? (http://www.ottawadivorce.com/forum/f12/could-get-any-worse-19107/)

childrenand happy 06-17-2015 02:39 PM

Could this get any worse?
 
Sorry Im not a great writer.

My X got a job yay, I lost mine. I was seeing the kids everyday overnight and everything ( this could'nt get any better). She got a day off Wednesday S8 was at school and that morning I had a lawyer appointment I had dropped off D3 at her house ( she moved out of the matramonial home 50day before ) no problem. She took everything from the house but did leave the bed. in this time frame I had sold the house 2 weeks to posesion date.
We have been doing well pickup and drop offs we would never get out of the vechiles, the kids would walk to each others front doors no issues. that day I got home from the from the lawyers she was steady texting asking for the D3 Teddy bear because she wanted D3 overnight no problem I could tell something was up because she was very persistant. Also she was texting she wanted all the kids clothes.
I only had a couple articles of clothes that she would pack when they would come over nothing much the son was suppose to stay the night and daughter was to come next morning thursday(X had to work) I was to pick son up at school for swimming lessons after lessons we agreed that I would drop the kids off because I had to drive to the city that night for a safety course on friday.
Then the Wednesday afternoon she came for D3 teddy bear ringing the door bell and pounding on the door. I went to the door and opened it she was pushing on the door trying to get in ( the daughter was there with her) I squezed the teddy bear through the door and managed to push the door closed and locked it. 20min later she doing the same at the front door I would'nt open it. Then D8 texted and said Dad i'm home. I went to the front door and opened it and she forced her way in. I told her numerous time to get out very nicely. She kept on saying I want the kids clothes I paid for them I want them. I calmly continued to ask her to leave she wouldnt then I started to get mad I tried grabbing her arms to escort her out of the house and of course she kept working her way into the house shimmying her way down the way then she jolted back in the recess in the wall. Thats when shen she said Im going to charge you with assault Im going to call social services on you and she kept blabbing. I never pushed her all I did was try grab her arm to escort her out. Now Im charged with assault.

HammerDad 06-17-2015 04:31 PM

Quote:

Originally Posted by childrenand happy (Post 196675)
I never pushed her all I did was try grab her arm to escort her out. Now Im charged with assault.

The charges may be dropped once both sides of the story is heard. But to be honest, you made a huge mistake by touching her. I don't care that it is now your residence, you simply don't grab someone to escort them out. You tell them they are trespassing and if they don't leave, you will call the police ....... that is if you have exclusive possession to the house. If you don't then the ex still is entitled to enter the house.

Do you have a digital voice recorder? If you do, was it running when all this was happening? If it wasn't why not?

You screwed up by grabbing her. Next time just call the police and/or video the entire ordeal on your phone.

Edit - Just as a matter of disclosure, I am pretty conservative when it comes to protecting your house. IMO, intruders should bear the chance they are going to be shot if they break into a house. But when it comes to the ex and a house they may still have an interest in, it is such a grey area that it is better to sit back and video them on a rampage vs. forcibly removing them. You house is your castle, and the video may have given enough evidence to support a claim for exclusive possession.

childrenand happy 07-29-2015 07:07 PM

The crown withdrawn the charges. I'm glad people are seeing through her bullshit. Shared parenting fifty week on week off life couldn't get any better. Luck is suppose run in threes wonder what is next!!!!!!!!!!!

arabian 07-29-2015 08:43 PM

Good to hear another "false accuser" has bit the dust.

LovingFather32 07-31-2015 12:56 PM

ChildrenAndHappy.

I also am very happy for you. The more false accuser's that are found out and dealt with, the more family law can learn how to deal with them...perhaps on a more consequential basis!

Please keep us updated with your story. We can all learn off each other's experiences here.

stripes 07-31-2015 01:10 PM

I'm glad that there won't be any more repercussions from this incident - but it doesn't strike me as an instance of false accusation. By his own account, the OP grabbed his ex to make her leave the house - in other words, used physical force against her to compel her to do something against her will. This is pretty close to the legal definition of assault. There is no indication that the OP or anyone else was in danger from the ex, and it may be that she had the right to enter the house (not clear from the information given).

It sounds like it was a heat-of-the-moment thing, with lots of yelling back and forth, but even so, as HammerDad says, the OP was in the wrong to use physical force. I think the takeaway from this is not "hurray, another false accuser exposed" but "never, ever lay hands on your ex or a whole can of worms will open up".

LovingFather32 07-31-2015 01:20 PM

Hooray for the courts decision to drop the charges.

Good job Children & Happy.

Just like HammerDad said .. keep recorders for home invaders from now on. She forced her way in against your wishes and you tried to be nice about it. Some people are just plain nuts. Automatic reaction to escort a home invader out gently. Funny how quick some can scream ASSAULT! after forcing there way in to your home (using a child to do so .. eww)

Yeh .. dont put hands on her ... Wouldn't have been a back and forth of anything had she not decided to force through you in to your home. Glad the courts dropped everything though. Will teach her not to force herself in again I'm sure.

childrenand happy 09-17-2015 06:16 PM

Well court was yesterday to review Interm custody orders. I guess she didn't like what the last judge gave. So this time she asked the judge if I could get shared parenting pulled and give me EOW and Wednesday night to see the kids. Thank God I have a beautiful smart lawyer the judge said NO, things well remain the same shared parenting 50/50 week on week off. Next court date January 16 hopefully this well be the last. I can't believe some women are like this, Keep smiling I know I am!!!!!

arabian 09-17-2015 07:07 PM

congratulations ! Just like your name - children and happy!!!!

Now you need to start a new thread !

CanadianMohawk 12-02-2015 04:40 PM

I like what I've read here. Good job on getting to keep your kids with shared parenting!


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