Just how illegal is it?

[FL_Needs_To_Change]

Sorry you misunderstood me.
I said I felt this was not a family matter but a criminal matter and that it should be up to the judge to decide if he/she wants to take action. And that it would be up to you to determine if you want him/her to know.

I'd provide a letter to the the ex's lawyer about the situation and your distaste to it happening and that you do not feel it should have happened nor happen again. I would not provide the proof, only let the other side know that you know etc.

Sorry for the confusion.

FL

[logicalvelocity]

Duped,

neither party to an action is to have any sort of contact with a prevailing Judge outside the court room.

When events such as this has occurred it is best to use it to your advantage.

Have you considered forwarding the matter to the local police. I believe they would and have the duty to investigate the matter of apparent fraud and determine the individual responsible representing themselves to be an officer of the court with fraudulent court orders.

If it was me, I would also make a formal complaint with the Superintendent of Education at board of education on the matter. What if the contents of the letter were different IE: instructions to the principle to release the child into the care of a stranger.

I think you would get more resolve and publicity of the matter if you involved the third parties I mentioned. No doubt opening a can of worms such as this more likely will put the principle of the school in the spotlight and no doubt they would be distrustful of the mother in the future.

You would also be able to refer to the police investigations and how the board of education handled the matter. Either way, the only individual to gain from such a letter would be the other parent. On the balance of probabilities their conduct is questionable.


lv

[Duped]

Thanks LV,

One thing, I am confused as to what exactly you meant by

Either way, the only individual to gain from such a letter would be the other parent.

please explain further or clarify.

Thanks

Duped

[Taestoy]

That letter is perfect, well done!!!! I cannot see how this can come back to bite you at all you did the right thing in my opinon. If you had taken this to the police they would of laughed and shoved it aside, trust me they wouldn't do much with this information so it's best that you do the dealing yourself and followed thru yourself. Don't let her know you have this information by now she probably figures she got away with it and all is good so let's hope consequences are coming her way. Were you sending copies to your lawyer and hers? Maybe just leave that and send it to the judge only that way they don't have the opportunity to counter anything they will have no time to prepare. If I was a judge I would have her charged with inpersonation or identity fraud so it will be interesting to see what comes of this and identity fraud is taken very seriously now and if her father was involved he could be liable as well.

Again very well written and well done good for you for taking control!!!!

[Duped]

Hello all,

I am glowing today, like I am walking on air. My ex is determined to take my child away from me, she has several illigitimate reasons for this and I have confirmation of at least 2 so far that are false, with supporting statements.

I spoke with the principal of my sons school today and basically gave him the heads up that I will be involving the police in the matter of the fraudulent documents. He agrees with me that it was fraud and needs to be handled by the police. He has gotten in touch with the school board over the matter.

I will also be in touch with the school board over the matter.

I have spoken to the school teacher and discussed several of the accusation that were made that if trueshe would be completely aware of, however she stated on record (digital recorder) that these are outright lies.

Once the police are involved, I will have the fraudulent info submitted to the court in an official document via my lawyer. And I will be filing for sole custody.

Any suggestions welcome!

Duped

[logicalvelocity]

Duped,

One thing, I am confused as to what exactly you meant by
Quote:

Either way, the only individual to gain from such a letter would be the other parent.

What I meant by this is on the balance of probabilities --I can't see your next door neighbour sending the fax to the school or the girl the works at the local Tim Hortons -- It has to be someone familiar with the parties and the situation.

If the police are involved, I suspect they will trace the fax number. To me impersonating a Judge and misleading other professions is fraud and is a serious offence.

The principal has a duty to inform the school board of the incident. (Thats their immediate superior) and when how they subsequently dealt with you.

Incidents like this just solidifies your stance why you require some form of custody notwithstanding at law you have coextensive custody until an order from the court or separation agreement provides otherwise.

It is not in the child's best interest to have one of their parents seen by the public at large as unworthy or some sort of second class parent.


In the custody adjudication post Kaplanis of J.B. v. A.B., 2006 CanLII 12294 (ON S.C.), http://www.canlii.org/en/on/onsc/doc...nlii12294.html The court held that a non-custodial parent is frequently perceived in the community as undeserving or unqualified to have custody of his or her child; and this perception is not always accurate. The result is that, sadly, a great many non-custodial parents are unfairly seen as second-class parents. It is not in the best interests of a child to have one of his or her parents viewed in this fashion. In Paragraph 60 Quinn J. states:

[60] A non-custodial parent is frequently perceived in the community as undeserving or unqualified to have custody of his or her child; and this perception is not always accurate. The result is that, sadly, a great many non-custodial parents are unfairly seen as second-class parents. It is not in the best interests of a child to have one of his or her parents viewed in this fashion.[22] The interests of a child are better served by having two parents participate in making the important decisions in his or her life. Therefore, I begin with the rebuttable presumption that an order for joint custody is best for a child and then I look for evidence to the contrary.[23] This means that the initial burden of proof falls on the party opposing a joint custody order to rebut the presumption. It may take very little evidence to do so (sometimes a single troubling incident will suffice). Once the presumption is rebutted, the burden shifts to the parent seeking joint custody to prove that such an order is in the best interests of the child.

lv

[Taestoy]

I will be very intersted in hearing how the police handle this for you as they put things of this nature on the back burner so keep us updated on the results as they come and let's hope you see progress!


Keep us in the loop!

[Duped]

Went to the police, gave info, and the police conducted interviews.

Officer called me, stated that no charges will be laid and that a stern warning was given to the ex that she is not to play these types of games.

I thanked the officer and said goodbye.

When I dropped off my child on sunday the ex said "grasping at straws"

I asked my child to go into the house for a min, was going to tell ex that he knew nothing about this an that it should stay that way, however as usual she turned it into a 3 ringed circus with 4 other family members involved then as I was walking away, she was in the process of telling my child a detailed account of her interview with the police from her slanted perspective.

My child will now be dealing with this based on the info he got from his mother until next sunday when he gets home to me.

That sucks.

Duped

[logicalvelocity]

Duped.

Your ex's conduct appears questionable. What in the world are they discussing adult issues with an 8 year old child.

You should refrain from the traps and don't get dragged in. Carry with a digital voice recorder for the child's access and pickup times.

lv

[FL_Needs_To_Change]

Oh my, YES! I agree with LV.
Avoid this if possible, and tape it all.
This is appalling!