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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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  #11 (permalink)  
Old 10-05-2015, 02:33 PM
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Ridiculous
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Old 10-05-2015, 03:21 PM
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Something similar happened to me, and I live in Edmonton too. Aka police was called etc.

Two things.
You can do a FOIP request, it's a form on the Edmonton police website and submit it get all police records which will include this incident. However, you would probably need to wait a week or two as the police officers need to file the report and have it moved through the system.

Second, did the police charge her with anything? The reason why I ask is the police actually have an obligation to press charges if a crime did occur. Meaning if they were there and didn't arrest her, your chances are slim the charges would stick.

Basically, it would be you contesting against them on what happened instead of you versus your ex. They were there right after it occurred and if they didn't arrest her based upon the evidence/circumstance at the time....so. Cops can't witness a crime or feel that a crime has occurred and turn a blind eye.

Sure you can press charges for charges, and she can come back and file a FOIP request and say look the police came and investigated and left without charging anyone so no crime ocurred. You would have to counter the police's statement of facts. So unless you have it recorded on a phone....that's new evidence.

Last edited by FirstTimer; 10-05-2015 at 03:25 PM.
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Old 10-05-2015, 03:41 PM
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Anytime the police are called when children are present it is reported to CAS.

It's then up to CAS to investigate.

This is how CAS got involved in my case twice.

They did their investigation and saw no reason to intervene as the case was before the court and there was no immediate danger to the children.

Don't be surprised if you do hear from them. Although it was weeks later in my case.
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Old 10-06-2015, 04:14 AM
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Quote:
Originally Posted by The Iceberg View Post
I would charge her standing but, the child....
Do you think she would do that for you? Guess where u would be? I get you are protecting your child but what is her next move when u piss her off or things don't go her way? Worse case, what about your child when she's with her? Abuse is abuse!
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Old 10-06-2015, 02:31 PM
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Technically speaking, you could use the police report to show her anger management issues especially with child present. Pressing charges might not be worth the effort given the fact that if the cops didn't arrest her on the spot, then you don't really have a chance of it sticking if you can prove the cops were negligent.
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  #16 (permalink)  
Old 10-07-2015, 01:02 PM
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Oh she surely has anger issues. I don't think I am going to press charges. The police officer told me they usually contact child services in cases like this. I told him that cas won't do anything. He said oh OK. I don't know if they will still contact them. If they do, do the cas just show up or call first?

I have another issue. Out of 30 days, the kid spends 9 nights with her and 21 with me. I don't know how much is that by percentage. She takes him 3 weekends and I get one. So she keeps him F,S,S nights. Now I like that. I love being with my kid. WE are so bonded. She is a little "distant". She moved into apartment and is free now to have fun because no more family. The problem I have is that she don't give a dime to me. She doesn't buy anything to the child when he is here. There are many expenses and just like every one of you would do anything for your kid, regardless, it is just not right that she contributes nothing. She could give at least some CCTB money if not from her pocket. I would be satisfied if she at least buys him some clothes from time to time.
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  #17 (permalink)  
Old 10-07-2015, 01:39 PM
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If you have 50/50 and it is documented in an agreement all you have to do is apply for credits with the CRA. You can do this right online and get back pay.
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  #18 (permalink)  
Old 10-07-2015, 02:09 PM
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9/21 is sole custody?
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  #19 (permalink)  
Old 10-07-2015, 03:22 PM
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good mom: I do get the 50% of CCTB,

Links: It is sole custody but by de facto.
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  #20 (permalink)  
Old 10-07-2015, 09:20 PM
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It's not always a case of the victim pressing charges. Sometimes the police will make the decision and choose to move forward with charges regardless. Depending on your custody arrangement, this could complicate things.
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