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  #81 (permalink)  
Old 11-12-2012, 11:50 AM
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Originally Posted by baldclub View Post
No feedback is required seemingly in her opinion. Are you really looking to improve an argument or maybe just argue for argument's sake?
Improve an argument. Often "military" people coming to this forum with expectations that their service should give them special rights before the Superior Court of Justice. That their time spent, employment and signing of an employment contract with an employer should grant them "special consideration".

It is often hard to explain the need for "relevancy" on their argument before a civil court where both parties are equal in standing and a decision is made on a balance of probability and not whom employs them.

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Originally Posted by baldclub View Post
Not sure her cheer-leading is getting us further from a conclusion then the constant back and forth. Any opinions on my doubt?
That is because we have put out the arguments in the the debate. You have your opinion, I have mine. The court will order appropriately in accordance with the Family Law Rules and existing jurisprudence in support of or against the argument presented.

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Originally Posted by baldclub View Post
Not sure how to read that statement. At first impression, I agree with you that people need to be totally rational in their arguments for the best interest of the children. However, I have a lingering sense that your statement might be pointed at specific people here, and I'm not sure how constructive that kind of direction would be.
Actually, the arguments should be rationalized to assist the justice in making a determination on the best interests of the children. Two parties who have entered the public court system have requested a justice make the ultimate decision on custody and access.

You can have all the "lingering senses" you want.

Good Luck!
Tayken
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  #82 (permalink)  
Old 11-12-2012, 12:58 PM
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Quote:
Originally Posted by Tayken View Post
Improve an argument. Often "military" people coming to this forum with expectations that their service should give them special rights before the Superior Court of Justice. That their time spent, employment and signing of an employment contract with an employer should grant them "special consideration".
I can't specifically deal with how often 'military' people come to the forum with those special rights as you say, because such an investigation of facts is not very interesting to me. I would highly doubt such a position would be taken as it is contrary to the strong relationship we soldiers, airmen and airwomen, and sailors have with duty and service to our country/society.

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Originally Posted by Tayken View Post
It is often hard to explain the need for "relevancy" on their argument before a civil court where both parties are equal in standing and a decision is made on a balance of probability and not whom employs them.
Yes, everyone is supposed to be equal in the eyes of the law, no doubt about that. However, as there are many, many factors that paint one case differently than another, and the law itself is vague or not specific in some respects ('the best interest of the child', spousal support). Cases need to be analysed on a case by case basis.

And what has been argued to you in this post is the fact that military families exist in a very different set of conditions compared to most of society. The point that was brought up was not that military personnel need laws twisted in their favour, but to answer your initial question earlier in your posts:

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Originally Posted by Tayken View Post
The real hard question... moving parents never answer is why move? Why move if it is going to impact the child's access to you? Is *your life* that much more important than *your relationship* with the child?
The facts surrounding the uniqueness of military service was presented to you by the relevance of the study:

Family Resilience: An Annotated Bibliography ", which you can find http://cradpdf.drdc.gc.ca/PDFS/unc78/p530519.pdf
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  #83 (permalink)  
Old 11-12-2012, 01:06 PM
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Quote:
Originally Posted by Tayken View Post
There are few "commonalities" between us possibly other than gender.
Tayken my friend, I have been to places where people have done unspeakable things to each other, all in the name of differences. In my three tours in that part of the world, I really didn't see those differences as unsurmountable as they stated. Furthermore, they shared a lot more in common than they would ever admit to. A shame and a weak reason for the death.

Let me tell you, we have a ton of commonalities between us, other than gender.

This is my last post here on this topic.
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  #84 (permalink)  
Old 11-12-2012, 06:11 PM
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Some advice: Don't use sarcasm before a judge. They don't find it "funny".

So when I say 'my step son is under emotional distress', you ask me if I am a health professional. As you are clearly commenting on what all judges ('they') will think, I think it is fair to ask, are you a judge? What is your background of study to comment on what all judges would find funny or not funny? You very frequently ask it of others, but continue to avoid the question yourself. It is somehow 'relevant' to you when you ask, but in your mind, not relevant to others.
Judges are human. In my limited experience in family court, and only by what my husband and his lawyer (who is a friend I know personally) tell me, judges laugh, lawyers and judges joke, yes, in court. No, its not all fun and games, but humor is used and accepted. My husband has always come home from court with a funny story of something the judge said or something the lawyer said to the judge. Judge laughed. No big deal.
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  #85 (permalink)  
Old 11-12-2012, 06:26 PM
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Specifically, I did not get involved in the debate because I felt I had nothing to add to it. Both sides were making the points that I was thinking myself. I at no time felt that any military member was suggesting that they should get special treatment. I would love to see the military member's post's that suggest this though, that Tayken is referencing (past and present). I believe the argument was simply the uniqueness of military life and believe that this was demonstrated. Also that others who are not military may also encounter similar circumstances, but generally, different to the vast majority of society.
Do I think military should get special treatment on custody and access? Yes and no. No they should not simply because they are military. But yes to them and ANYONE who works shifts, is sent away to work and all the other issues discussed already on this thread. My feeling is, the purpose, or so I thought, of family court is to mimick what would have happened as closely as possible had the family stayed intact. So if you chose to have a child with someone who works military or anyone who works in the conditions discussed, then I don't think it is unreasonable to suggest that the child move and spend a few years in one province, then a few years in another. If it is ok to do this to children in intact families, why is it suddenly not in a child's best interest when there is a divorce? This would have been the reality for the child if the parents were together, so why not now? Just my thoughts, since you asked.
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  #86 (permalink)  
Old 11-13-2012, 11:08 PM
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Baldclub and wife#2, a lot of great points, I appreciated reading them.

The military is a unique career choice, of course there are many others. I don't know if people so much expect special treatment, but I think they should expect to not have their law abiding, tax paying, career choice held against them.

Anyway, this discussion appears to have ended.
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