Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

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

Reply
 
LinkBack Thread Tools
  #11 (permalink)  
Old 01-18-2016, 05:22 PM
Hand of Justice
 
Join Date: Jan 2013
Location: In the Shadows
Posts: 3,143
Links17 is on a distinguished road
Default

In Québec judges can limit the length of trials this would never happen here. It's ridiculous, 36 days....
Reply With Quote
  #12 (permalink)  
Old 01-18-2016, 05:40 PM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,961
arabian will become famous soon enough
Default

Quote:
Originally Posted by Tayken View Post
He does address all the common nonsense that is in custody and access disputes and gives some real insight into how a judge evaluates the "evidence".

Attention to detail on this one is awesome. He lays it all out and demonstrates what not to do in a custody and access dispute. More importantly what will happen if you do it.
Perhaps his decision will be used as a go-to manual for future judges. I really do appreciate his writing style.

I shudder to think of how much money this trial will have cost once all the final numbers are in. Neither of the parties would be considered large income earners.
Reply With Quote
  #13 (permalink)  
Old 01-18-2016, 06:42 PM
Senior Member
 
Join Date: Nov 2014
Location: Ontario
Posts: 216
YoungDad23 is on a distinguished road
Default

Wow, that case gives me and other parents dealing with control freaks on here a list of what to watch out for in the future!

That poor little girl throwing up at exchanges breaks my heart!

S2 has been giving his mom and I the gears lately when I pick him with tears and choking, I know that's pretty normal for a toddler, but I sure hope my ex isn't getting him wound up before I arrive.
Reply With Quote
  #14 (permalink)  
Old 01-18-2016, 09:43 PM
blinkandimgone's Avatar
Moderator
 
Join Date: Feb 2010
Location: Lucknow
Posts: 5,227
blinkandimgone has a spectacular aura aboutblinkandimgone has a spectacular aura aboutblinkandimgone has a spectacular aura about
Default

Great case, great judge, great judgement.
Reply With Quote
  #15 (permalink)  
Old 01-19-2016, 09:32 AM
Senior Member
 
Join Date: Oct 2014
Posts: 141
ifonlyihadknown is on a distinguished road
Default

Quote:
Originally Posted by Tayken View Post
Something I have theorized on some people's reactions to getting a letter from a lawyer is materialized in para 99:


Many people think that hiring a lawyer is a "threat" when it in fact is allowed and recommended. To have such a reaction to someone getting legal advice often demonstrates the immaturity of the litigant in my opinion.

Hiring a lawyer is not a threat. Telling someone you will take them to court to resolve an issue is not a threat. They are all allowable under law and good ideas!
Unfortunately, lawyers are trained to argue and, given what is often at stake, it is only natural that a lawyer's letter comes off as a threat. Lawyers have are there to represent their client, not to reach a "fair" or "just" solution. Considering what the courts can do to you, someone taking you to court is definitely a threat.

None of this is as it should be, especially in family law, but in our system, this is the reality.
Reply With Quote
  #16 (permalink)  
Old 01-19-2016, 04:17 PM
Tayken's Avatar
Senior Member
 
Join Date: May 2011
Posts: 6,563
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by ifonlyihadknown View Post
... Considering what the courts can do to you, someone taking you to court is definitely a threat.
Do you even know what the definition of a "threat" is?

Quote:
a statement of an intention to inflict pain, injury, damage, or other hostile action on someone in retribution for something done or not done.
Telling someone you are going to take proper and allowable legal action is NOT a threat. This nonsense that telling someone you are going to act on your charter rights and seek resolution before a court is not a threat. It is a perfectly legal and allowable thing in CND law.

99% of litigants are not vexatious. There is a small % that are but, the vast majority are not. So to label all court actions as "threats" is just an example of uncontrolled anxiety.

Good Luck!
Tayken
Reply With Quote
  #17 (permalink)  
Old 01-19-2016, 04:20 PM
Senior Member
 
Join Date: Mar 2014
Posts: 3,004
rockscan will become famous soon enough
Default

I took his move to get a lawyer as a way to help with access compliance. Her actions were all threats--to take his kid away.

Plus hes a cop so I can imagine it was also to protect against possible complaints of harassment.
Reply With Quote
  #18 (permalink)  
Old 01-19-2016, 04:29 PM
Tayken's Avatar
Senior Member
 
Join Date: May 2011
Posts: 6,563
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by rockscan View Post
I took his move to get a lawyer as a way to help with access compliance. Her actions were all threats--to take his kid away.

Plus hes a cop so I can imagine it was also to protect against possible complaints of harassment.
All excellent points and I agree. Having a lawyer and seeking the legal route to have proper access established was the best (and probably only) course of action for this parent.
Reply With Quote
  #19 (permalink)  
Old 01-24-2016, 08:50 PM
Senior Member
 
Join Date: Dec 2014
Posts: 102
ensorcelled has a little shameless behaviour in the past
Default

Tayken, this is so so good. Thanks!

This line is such a gem: She used the mantle of motherhood to challenge the legitimacy of anyone questioning her judgment or motive. 48 k
Reply With Quote
  #20 (permalink)  
Old 01-24-2016, 10:35 PM
Hand of Justice
 
Join Date: Jan 2013
Location: In the Shadows
Posts: 3,143
Links17 is on a distinguished road
Default

Getting a lawyer IS a threat - just a "legal"/allowed threat.

Anything that can potentially hurt you is a "threat"....
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Justice Craig Perkins of the Newmarket, Ontario court steps out of bounds as a judge logicalvelocity Political Issues 2 09-12-2011 08:28 AM
Ontario Justice Bruce Pugsley's recent comments in family court logicalvelocity Political Issues 7 09-22-2010 06:10 PM
Brampton, Ontario court officials continue to obstruct justice by misleading and misi logicalvelocity Political Issues 0 05-23-2010 09:31 AM
A long hello SillyMe Introductions 20 05-16-2008 01:30 PM
Justice Jack speak out about CAS interviews of children logicalvelocity Political Issues 0 02-28-2008 06:57 AM


All times are GMT -4. The time now is 02:00 PM.