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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 10-26-2016, 08:00 PM
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A case just released today on CanLii from Alberta. There are some similarities to your situation and some notable differences. This is from a hard-assessed judge. You might find it useful, or not:

http://www.canlii.org/en/ab/abqb/doc...16abqb600.html

Something else to consider (If I come across relevant case law I will post it)... you are university-educated and courts sometimes feel it is reasonable that children be given similar opportunities to achieve same level of education (I know, I know.. you probably did it without help of your parents....). Still, I know it is a consideration in some cases.

My reason for bringing this up is that you should be aware of every pitfall you could face in the future. A good lawyer would be able to advise you further.

Last edited by arabian; 10-26-2016 at 08:07 PM.
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  #22 (permalink)  
Old 10-27-2016, 11:26 PM
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Quote:
Originally Posted by arabian View Post
A case just released today on CanLii from Alberta. There are some similarities to your situation and some notable differences. This is from a hard-assessed judge. You might find it useful, or not:

http://www.canlii.org/en/ab/abqb/doc...16abqb600.html

Something else to consider (If I come across relevant case law I will post it)... you are university-educated and courts sometimes feel it is reasonable that children be given similar opportunities to achieve same level of education (I know, I know.. you probably did it without help of your parents....). Still, I know it is a consideration in some cases.

My reason for bringing this up is that you should be aware of every pitfall you could face in the future. A good lawyer would be able to advise you further.
First off, regarding the comment about being University educated, I don't know how you figured that because I am not. But I suppose I should take that as a compliment. I am actually employed in a trade profession, and have been for 25 years and counting now. Having said that, I would be curious to know what the courts would consider 'reasonable' regarding my son to have in regards to similar opportunity made available to him. If I know him, he's not going to be interested in any type of profession that requires manual labour.

By the way, as of today, SHE'S BEEN SERVED.

Keep the similar CanLii case links coming. It is a very interesting read.
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Old 10-27-2016, 11:32 PM
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Ahahaha...jumping to conclusions and making assumptions, no surprise there



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Originally Posted by m-chan68 View Post
First off, regarding the comment about being University educated, I don't know how you figured that because I am not. But I suppose I should take that as a compliment. I am actually employed in a trade profession, and have been for 25 years and counting now. Having said that, I would be curious to know what the courts would consider 'reasonable' regarding my son to have in regards to similar opportunity made available to him. If I know him, he's not going to be interested in any type of profession that requires manual labour.

By the way, as of today, SHE'S BEEN SERVED.

Keep the similar CanLii case links coming. It is a very interesting read.
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Old 10-28-2016, 12:08 AM
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Quote:
Originally Posted by m-chan68 View Post
First off, regarding the comment about being University educated, I don't know how you figured that because I am not. But I suppose I should take that as a compliment. I am actually employed in a trade profession, and have been for 25 years and counting now. Having said that, I would be curious to know what the courts would consider 'reasonable' regarding my son to have in regards to similar opportunity made available to him. If I know him, he's not going to be interested in any type of profession that requires manual labour.

By the way, as of today, SHE'S BEEN SERVED.

Keep the similar CanLii case links coming. It is a very interesting read.
Your quote from May 25th: "Having been through college myself, I completely understand to dynamics...." I incorrectly assumed that your reference to "college" was meant to be university.

I guess your curiosity will be soon be sated.

One of the things that may be weighed and questioned is whether or not you or your son ended your relationship.

I have found this thread to be interesting. I look forward to hearing the outcome. Thank you for sharing.

Last edited by arabian; 10-28-2016 at 12:13 AM.
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Old 10-28-2016, 12:10 AM
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Originally Posted by hopefull View Post
Ahahaha...jumping to conclusions and making assumptions, no surprise there

Do you have something useful to add to this thread?
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  #26 (permalink)  
Old 10-28-2016, 12:10 AM
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Ahahaha...jumping to conclusions and making assumptions, no surprise there
What exactly is your point? Assumptions about what, and directed to whom?
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Old 10-28-2016, 12:24 AM
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Originally Posted by arabian View Post
Your quote from May 25th: "Having been through college myself, I completely understand to dynamics...." I incorrectly assumed that your reference to "college" was meant to be university.
Ahhh okay. In my profession, I had to go through an apprenticeship which entailed three college terms before I finally became licensed.

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Originally Posted by arabian View Post
One of the things that may be weighed and questioned is whether or not you or your son ended your relationship.

There's a very easy answer to that question. HE expressed to me very clearly that he no longer wanted to come on alternating weekends some time back in 2007. I don't remember the exact date. Nor do I know the reason for it. Nor do I know if his mother put him to or not.

What I am very curious about, is how courts and judges will regard the attitude that "children" want (demand???) the continued support of the paying parent and want NOTHING to do with them.
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  #28 (permalink)  
Old 10-28-2016, 12:44 AM
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Ahhh okay. In my profession, I had to go through an apprenticeship which entailed three college terms before I finally became licensed.


There's a very easy answer to that question. HE expressed to me very clearly that he no longer wanted to come on alternating weekends some time back in 2007. I don't remember the exact date. Nor do I know the reason for it. Nor do I know if his mother put him to or not.

What I am very curious about, is how courts and judges will regard the attitude that "children" want (demand???) the continued support of the paying parent and want NOTHING to do with them.
This could indeed be a problem for your ex. However, I'm not sure how much weight a judge will put on a 9-year-old (guessing the age) who lives with his mother and who expressed, as a child, desire to have nothing to do with the father. Was this a case of parental alienation? Some decisions I've read have judge merely making adult child responsible for communicating regularly with the payor parent about his/her academic plans and GPA and order the payment of CS as long as adult child maintain a certain GPA and attendance. Sometimes judges take pity on the child and direct parents to pay for tutoring while attending post-secondary institution. Other decisions I've read have ordered continued CS for adult child to similar level of education of parents. You attended a 'college' for your trade. The college your son proposes may or may not be in line with the education you received. What is the mother's education? Any post-secondary ('college' or 'university')? I've seen it mentioned in many decisions.

It's really a crap shoot. Others might have insight. If I see any more recent decisions I'll be sure to post them.

Again, thanks for sharing your experience.


This case was posted today: http://www.canlii.org/en/ab/abqb/doc...16abqb603.html

Last edited by arabian; 10-28-2016 at 12:53 AM. Reason: addition of case
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  #29 (permalink)  
Old 10-28-2016, 01:06 AM
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Quote:
Originally Posted by arabian View Post
This could indeed be a problem for your ex. However, I'm not sure how much weight a judge will put on a 9-year-old (guessing the age) who lives with his mother and who expressed, as a child, desire to have nothing to do with the father. Was this a case of parental alienation? Some decisions I've read have judge merely making adult child responsible for communicating regularly with the payor parent about his/her academic plans and GPA and order the payment of CS as long as adult child maintain a certain GPA and attendance. Sometimes judges take pity on the child and direct parents to pay for tutoring while attending post-secondary institution. Other decisions I've read have ordered continued CS for adult child to similar level of education of parents. You attended a 'college' for your trade. The college your son proposes may or may not be in line with the education you received. What is the mother's education? Any post-secondary ('college' or 'university')? I've seen it mentioned in many decisions.

It's really a crap shoot. Others might have insight. If I see any more recent decisions I'll be sure to post them.

Again, thanks for sharing your experience.


This case was posted today: http://www.canlii.org/en/ab/abqb/doc...16abqb603.html
In answer to your question highlighted in bold, that's a very good joke. If I'm not mistaken, she hasn't even completed high school herself, let alone post-secondary education. That said, if the courts expect our son to have a similar opportunity made available to him, SHE is definitely not a good role model.

Please clarify parental alienation. I've read it numerous times now, on these forums but I'm still unclear as to the exact definition. Is it when a parent prevents the child from any contact with the other parent?
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  #30 (permalink)  
Old 10-28-2016, 08:01 AM
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