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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 07-06-2012, 09:26 AM
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Default Section 30 Assessments - Defense Against (Pazaratz)

Justice Pazaratz is quickly becoming in my view the next "Justice Quinn" in the Family Courts in Ontario.

Baillie v. Baillie, 2012 ONSC 3728 (CanLII)

Date: 2012-06-26
Docket: F/435/11
URL: CanLII - 2012 ONSC 3728 (CanLII)
Citation: Baillie v. Baillie, 2012 ONSC 3728 (CanLII)

A careful analysis was applied to the issues brought forward to the court for consideration of a Section 30 custody and access evaluation.

It is disappointing that no order regarding the location of the child in question's schooling was made in the matter but, the attention to detail placed in his excellent decision on what matters require a Section 30 assessment and what "assistance" the court requires is quite excellent.

You won't find better case law anywhere else on when it is appropriate to bring forward a request for a Custody and Access evaluation under Section 30 of the CLRA.

Key point to remember as noted by Justice Pazaratz in the "POSTSCRIPT" of the decision, which in my opinion, MORE JUDGES SHOULD PROVIDE, is as follows:

[65] A parent who successfully defends a motion for a s.30 assessment should not presume that the court disfavours professional assistance in resolving children’s issues – or, that we favour trials.

Very sage advice and the analysis in support of his decision in this matter to not order a Section 30 assessment is probably the best guidance ever put out by any standing justice in the Superior Court (Family) regarding the matter.

Hopefully this will make the law review/reports and Carswell and others take note of the details and related case law supporting the decision.

As always, it is a pleasure to read any case law with Justice Pazaratz name attached to it. His attention to detail, detailed analysis and use of case law and "evidence" to support his decisions is much needed and is shaping the way Family Law is practiced in Ontario... and in my opinion for the better!

Good Luck!
Tayken
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Old 07-06-2012, 09:51 AM
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For those parents continually asking about the Location of the school and "primary residence" I will probably be attending August motion hearing scheduled in this matter to observe the results.

This is a very common but, rarely addressed issue, before the courts where parents live in two different legal jurisdictions (Halton/Hamilton in this matter) and the impact a child's school has on "primary residence" and 50-50 joint access schedules (or "joint residency").

Good Luck!
Tayken
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Old 07-06-2012, 10:42 AM
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Egocentric Custody and Access Evaluators:

One thing that is often not mentioned is the commonly known "egocentricity" (possibly narcissistic) issues with "doctors" (clinicians). This is commonly refereed to as the "god complex" in the clinical community.

If a Custody and Access Evaluator (OCL/Section 30) ever tells you that a judge "always" goes with what they recommend feed them back these quotes:

"... as our law provides, the parties and cild have a right to have the decision of custody and access made by a judge, NOT AN ASSESSOR."

"A dispute about joint custody versus sole custody is a question of fact. An assessment -- although perhaps helpful --- is not required in order to make this determination."

"Experts are not always better able than parents to assess the needs of a child."

"A court should not deligate its duty to determine what parenting arrangement is in a child's best interests to an assessor. An assessment - if appropriate - IS MERELY ONE FACTOR FOR THE COURT TO CONSIDER."

I hear from more litigants about the "threats" these "experts" make on the "impact" their assessments will have with judges and the "favour" the court awards the assessors. Some are so bold to even threaten that they will change their assessment if parents do not do what they say. This is psychological black mail and should not be tolerated by anyone.

To bring in my favorite term from Justice Quinn on this one... The "jackassedness" of OCL Investigators and Section 30 Evaluators is gross miss conduct of their clinical responsibilities under their oaths given to their governing bodies.

Good Luck!
Tayken

http://www.youtube.com/watch?v=8g2dkDh4ov4

Last edited by Tayken; 07-06-2012 at 10:54 AM.
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Old 07-06-2012, 10:52 PM
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^ very interesting read ^
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Old 07-06-2012, 10:59 PM
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Quote:
[63] It is a shame that so much time and money went into a somewhat misguided debate – in large part about whether there’s enough time and money to help this child.
Doesn't that just encapsulate the main problem in Family Law?
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Old 07-07-2012, 12:35 AM
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Tayken - thanks for your posting and analysis AND YOUR CLIP!!! ;p
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Old 07-08-2012, 05:01 AM
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Quote:
Originally Posted by Rioe View Post
Doesn't that just encapsulate the main problem in Family Law?
Excellent point.
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