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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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Old 11-24-2016, 12:45 PM
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Default False Allegations = Family Violence

This may have come up previously, but I just noticed it:

From

http://canlii.ca/t/gvnpq

Mother made a false allegation against the father, judge calls it family violence.


Quote:
Family violence:

[35] Whatever her reason for doing so, the mother pleaded that the father was not a fit enough parent to exercise unsupervised parenting time with the child. Whenever one parent alleges that the other is not fit, the most likely result will be that their child or children will lose, at least for a time, the love, affection and attention of that parent.

[36] When it is a false allegation, it treats those children like they are nothing more than pawns to be used to win a law suit and is therefore worthy of further comment.

[37] I find that the mother’s pleadings, which alleged that the father was an unfit parent, were filed with the court to improve her chances of winning a law suit; not because they were true.

[38] Shortly after filing those pleadings, the mother cut off the father’s parenting time for about a month and, further, she allowed the child to know certain things about the law suit. She allowed the child to believe that the father was going to court to get an order to make the child go to a different school and to take him away from his mother.

[39] Family violence is defined in Section 1 of the Family Law Act to include “psychological or emotional abuse of a family member”.

[40] I find that the mother: falsely allowed the child to believe that his father was going to court as some sort of plot to try to take him away from his mother; falsely pleaded to the court that the father was unfit; and acted as though that allegation were true and cut off contact between the child and the father. I find that the cumulative effect of those actions was that she committed an act of psychological or emotional abuse of a family member which is an act of family violence.
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Old 11-24-2016, 02:17 PM
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The concept has come up but not any supporting case law. Good find.

False allegations of abuse is abuse!
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Old 11-25-2016, 07:45 AM
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Then I wonder:

Last year, the other parent accused me of assaulting her. After a lengthy police investigation where multiple witnesses were spoken and video surveillance for a second allegation (having taken place two weeks after the first), it was concluded that there were no grounds to believe that an assault had taken place and that there had not been any intent to assault.

Our daughters were subject to hearing about the event from the other parent, however, and suffered and hreat deal of stress because of it.

This year the other parent accused me of engaging in abusive behaviour. CAS has concluded that there is no indication of abuse and that our cbildren clearly feel 'safe and comfortable' when they are with me. But this has also taken it's heavy toll on our daughters. The other parent also made sure to speak to our daughters about what she thought of my 'abusive' behaviour.

I wonder what I sbould be doing about this?
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Old 11-26-2016, 10:21 AM
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Quote:
[39] Family violence is defined in Section 1 of the Family Law Act to include “psychological or emotional abuse of a family member”.

[40] I find that the mother: falsely allowed the child to believe that his father was going to court as some sort of plot to try to take him away from his mother; falsely pleaded to the court that the father was unfit; and acted as though that allegation were true and cut off contact between the child and the father. I find that the cumulative effect of those actions was that she committed an act of psychological or emotional abuse of a family member which is an act of family violence.
Thank you so much for posting this. More judges need to follow suit.
Kids are being ripped away from one parent for too long and the vicious allegations need to be recognized and dealt with.

This is a little off topic but last night I took my daughters to see the new animated movie "Moana" (Fantastic movie by the way). When the girl finally finds her father, D5 put her little head on my shoulder, wrapped her arm around me and said .. "just like you found me daddy". I welled up quite a bit but it was a great moment. A moment where I realized that she remembered being taken away from me, not knowing where I was. She must have been just as terrified as I was. I considered that family violence back then .. and I'm glad some justices are beginning to agree.

Bravo on this find. Many will use this in their caselaw. Let's add to it.

LF32
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Old 11-26-2016, 12:36 PM
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Quote:
Originally Posted by LovingFather32 View Post
Thank you so much for posting this. More judges need to follow suit.
Kids are being ripped away from one parent for too long and the vicious allegations need to be recognized and dealt with.

This is a little off topic but last night I took my daughters to see the new animated movie "Moana" (Fantastic movie by the way). When the girl finally finds her father, D5 put her little head on my shoulder, wrapped her arm around me and said .. "just like you found me daddy". I welled up quite a bit but it was a great moment. A moment where I realized that she remembered being taken away from me, not knowing where I was. She must have been just as terrified as I was. I considered that family violence back then .. and I'm glad some justices are beginning to agree.

Bravo on this find. Many will use this in their caselaw. Let's add to it.

LF32


Sounds like OP was committing family violence against me and at the same time claiming to be a victim of domestic violence.

I was always under the impression that a mothers testimony is deemed correct until proven false.

Only if I knew back then what I know now.

Thanks for the share.


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Old 11-26-2016, 08:35 PM
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Thanks for posting,

I'm still trying to get past having spent 2 yrs defending myself against false allegations of domestic violence and child abuse because my ex wanted sole custody,

All I can say is that it's about time judges started calling out parents who use this dirty tactic in the family court system and making them face some sort of consequences.
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Old 11-26-2016, 09:25 PM
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I think false allegations are just disgusting. Perhaps "the word" needs to be put out there that the minute people determine relationship has ended (or when theng become toxic) they had better be vigilant for false accusations....video camera EVERYTHING. Yes I do understand that judges get very upset about children being video-taped. However, with that said, I would much prefer to face an angry judge than to have my good name forever damaged by allegation child abuse.

Perhaps nowadays, with everyone being cell-phone/camera savvy we will see less and less of this sort of thing?

Perhaps polygraph testing should become standard intake for allegations to CAS?
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