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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #21 (permalink)  
Old 10-11-2017, 09:45 PM
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Family court certainly doesn't seem to deal with those who lie and make false accusations so I'd agree with you on that one. I disagree about DV and 48 hrs in the past. Too many people are denied any access whatsoever with their children many years after a false accusation of DV. I guess it comes down to the judge in family court having to wear two hats and ends up second guessing criminal court. We have to remember also that criminal court often doesn't prosecute ... they often like to pass the buck to family court. One could also say that some people expect family court to punish or do what criminal court did not do. That's my very inexperienced view on matters.
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Old 10-12-2017, 12:05 AM
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Actually there are two distinct problems with family court when DV is mentioned.

1. Those making false accusations are given the benifit of the doubt and the innocent spouse and children are made to suffer terribly

Or

2. Those making true allegations, even in the face of overwhelming evidence, are not believed and the perpetrator is given the benifit of doubt. Once again the innocent spouse and children are made to suffer, sometimes with lethal consequences ( which can apply to #1 above as well).

Family court is disgusting and repugnant. I donít believe it is intentional but the reality of family court is that by its very nature it is designed to ďtake outĒ or destroy the innocent and healthy parent when the other is mentally ill, vindictive and has either more money or a free legal aid lawyer at their disposal.
They donít give a monkeyís banana whether you and your children live or die, as long as you stop showing up in their court house, using up valuable court resources( in other words you, your ex and your children have no value in their eyes).
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Old 10-12-2017, 09:01 AM
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Quote:
Originally Posted by Stillbreathing View Post
Actually there are two distinct problems with family court when DV is mentioned.

1. Those making false accusations are given the benifit of the doubt and the innocent spouse and children are made to suffer terribly

Or

2. Those making true allegations, even in the face of overwhelming evidence, are not believed and the perpetrator is given the benifit of doubt. Once again the innocent spouse and children are made to suffer, sometimes with lethal consequences ( which can apply to #1 above as well).

Family court is disgusting and repugnant. I donít believe it is intentional but the reality of family court is that by its very nature it is designed to ďtake outĒ or destroy the innocent and healthy parent when the other is mentally ill, vindictive and has either more money or a free legal aid lawyer at their disposal.
They donít give a monkeyís banana whether you and your children live or die, as long as you stop showing up in their court house, using up valuable court resources( in other words you, your ex and your children have no value in their eyes).
First you say that domestic violence doesnt count in family court and the judges dont care at all. Now you contradict yourself and say that those that make false allegations of DV violence are given the benefit of the doubt and the other side suffers due to it. So which is it?
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Old 10-12-2017, 07:56 PM
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Originally Posted by standing on the sidelines View Post
First you say that domestic violence doesnt count in family court and the judges dont care at all. Now you contradict yourself and say that those that make false allegations of DV violence are given the benefit of the doubt and the other side suffers due to it. So which is it?

family domestic violence must be proven and risk future danger. if it's not proven and the person making that allegation (typically the female) is just making the allegations in order have an edge over their case, then it will backfire on them.
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Old 10-12-2017, 11:54 PM
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Iím not contradicting myself. False allegations are not DV . Thatís why they are false allegations. True allegations are DV. What Iím trying to say is that unfortunately , in family court, whoever is actually lying wins. At least initially and they are allowed to do severe damage unchecked . Sometimes itís too late before the judge catches on. Family court may take false allegations seriously at first but actual true DV which is proven with actual evidence and witnesses, they do not. At least not initially. Even if the violence is directed at the children.

So again, whoever is the deceitful liar wins!

Last edited by Stillbreathing; 10-12-2017 at 11:57 PM.
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Old 10-13-2017, 07:02 AM
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Originally Posted by Stillbreathing View Post
Iím not contradicting myself. False allegations are not DV . Thatís why they are false allegations. True allegations are DV. What Iím trying to say is that unfortunately , in family court, whoever is actually lying wins. At least initially and they are allowed to do severe damage unchecked . Sometimes itís too late before the judge catches on. Family court may take false allegations seriously at first but actual true DV which is proven with actual evidence and witnesses, they do not. At least not initially. Even if the violence is directed at the children.

So again, whoever is the deceitful liar wins!
yes you did. A judge doesnt know that the allegations are false, all they know is that someone has accused someone else of DV so it is treated the same as true allegations of domestic violence until proven otherwise. Why would a judge take an allegation seriously but not one with actual proof. Unless they dont believe the proof or the accuser flips and flops on their recollection of events. You said that courts dont care about DV so that would include real and allegations of DV. You may know that the accusation is false but you have more insight into it. Without concrete proof that it didnt happen (you saying it didnt happen isnt concrete proof) the judge has to decide if it did or not.

I agree whoever is the better liar wins but that is why it is up to the other party to have evidence to disprove those lies.
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Old 10-13-2017, 11:26 AM
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Default Something to consider (DV allegations)

Brown v. Elliott, 2017 ONSC 180 (CanLII)
Date: 2017-09-14
Docket: FS 15-264 BRT
Citation: Brown v. Elliott, 2017 ONSC 180 (CanLII)

Justice Harper does an excellent job of unraveling the false DV allegations in this recent matter. I will do a more wholesome review later but, thought it was relevant to this conversation.

It all boils down to... Don't use allegations of DV to try and win in court. Justice Harper does a masterful takedown of the all to common pattern of behaviour of those who make false DV allegations in a family law dispute.

Quote:
[22] She never called the police. She never told her doctor that she was being abused in any way. However, she did seek out counselling and attended group sessions at Nova Vita in Brantford. Nova Vita is a Domestic Violence Prevention Service in Brantford, Ontario. She also contacted the Brant Child and Family Services and had numerous meetings with Meredith, a social worker at that agency.

Source: Brown v. Elliott, 2017 ONSC 180 (CanLII), par. 22, http://canlii.ca/t/h5xjt#par22
Quote:
[53] This is another example of how, in my view, Sherry misrepresented and distorted the facts. Despite her advancing this as an urgent motion due to this event, she entered into minutes of settlement that continued to provide for shared parenting of the children and equal time with the proviso that Nycholasí view would be considered about access from time to time.

The OCL Investigation, Report and Testimony of Barbara Dyszuk

Source: Brown v. Elliott, 2017 ONSC 180 (CanLII), par. 53, http://canlii.ca/t/h5xjt#par53
Quote:
[56] I agree with all of the above noted testimony of Ms. Dyszuk. I find that Sherry fabricated her claims of spousal abuse. She presented no evidence to justify her professed fear of Sean when she surreptitiously moved with the children while he was away on a business trip to Asia. She structured what she falsely characterized as a ďsafety planĒ, in order to attempt to justify moving the children when she had decided to separate. Parents cannot take the law into their own hands, uproot the children and then ask the court to retrospectively justify what they did. If she felt such fear she should have brought a motion to the court on an urgent basis. She did not do so.

Source: Brown v. Elliott, 2017 ONSC 180 (CanLII), par. 56, http://canlii.ca/t/h5xjt#par56
Quote:
[58] Sherryís conduct in uprooting the children and then agreeing to shared parenting with equal time sharing on two occasions subsequent to that move are inconsistent with her later claims of abuse. I do not accept her claim that she entered into those agreements out of fear. I do not accept her version of incidents of physical and emotional abuse.

Custody and Access: The Law and Analysis

Source: Brown v. Elliott, 2017 ONSC 180 (CanLII), par. 58, http://canlii.ca/t/h5xjt#par58
Also... Interesting twist on the SS request too!

Quote:
I find that Sherry has not demonstrated that she is entitled to spousal support.
Good Luck!
Tayken
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  #28 (permalink)  
Old 10-13-2017, 09:41 PM
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Quote:
Originally Posted by arabian View Post
I know several people on here (posted me privately) who faced a similar dilemma. They retained good counsel (criminal for charge and family lawyer for custody) and ended up with 50/50 shared. These people also did not, under any circumstances, communicate with their ex... they did it through lawyer... exchanged kids through licensed place and never put themselves in a vulnerable situation of being falsely accused again. no text... nothing which was the hardest but ended up being critical to their respective situations.
Excellent point... I went to great lengths to ensure communication was safe.
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