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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 05-04-2017, 04:33 PM
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Originally Posted by LovingFather32 View Post
Following WD's case, from a psychological standpoint, his ex seems to have developed (or always had) a sense of "learned helplessness".
From my armchair, I think there is a deeper and more troubling Axis II disorder that she is avoiding to have diagnosed through the proper means.

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Originally Posted by LovingFather32 View Post
She has learned to be the victim when it's not justified and in fact, created herself. She has an extremely "external locus of control", meaning that she cannot take responsibility for her actions .. always someone else's fault.
Projection of blame is a common pattern of behaviour with an Axis II disorder. Ultimately, the court needs a reliable medical diagnosis to go on. Doubtful after three years the mother will produce this medical report.

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Originally Posted by LovingFather32 View Post
I highly doubt she completed all of the counseling/therapy required to meet the tests of the court and even if she did, I just see her shooting herself in her foot a million different ways.
The M-60 is surely loaded for an assault on her foot that is for sure.

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Originally Posted by LovingFather32 View Post
Not to mention this is about the kids, who surely are thriving at the moment in WD's care without all the alienation, negativity and shenanigans that his ex is accustomed to.

This will be a good Canlii read.
He is a very good kid. Smart one for sure.
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Old 05-04-2017, 11:15 PM
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Just curious, I have noted you have requested NO access for your child's mother. Is there any reason for that?
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Old 05-04-2017, 11:29 PM
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Quote:
Originally Posted by ele110 View Post
Just curious, I have noted you have requested NO access for your child's mother. Is there any reason for that?
Read the posted cases. The Onus is on mom to prove to the courts satisfaction that she's no longer has hostile behaviours towards dad. The court has to be satisfied that mom has taken counselling and isn't any longer out to abduct the child to her home country nor rig up allegations of abuse and expose the child to the conflict causing unnecessary burdens on the innocent child. The courts gave her a chance to smarten up. She either did or is still the same person as before. If she can't satisfy the courts that she's done everything the court asked for and is no longer that same person who's exposure to the child had been fpund to be detrimental to the child's best interests tjen what good is she for the child? Does she care about the child or is she Just trying to cause problems for everyone including the happy, adjusted and thriving child. That's how I see it.

People like her usually don't change. She sort of reminds me of my former spouse - will lie through her teeth.

Last edited by trinton; 05-04-2017 at 11:51 PM.
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Old 05-05-2017, 12:15 AM
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All of Trinton's observations are correct. Just going to add this...

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Originally Posted by trinton View Post
The courts gave her a chance to smarten up.
The court hasn't given her "a chance". They have given her 9 boxes worth of chances in the court record. This is the third trial in the matter now. There are 4 public postings on CanLII which have 55 citings now. I believe there are well over 30+ endorsements in the record. Just the endorsements since Justice Harper's order is 46 pages of reading material.

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Old 05-05-2017, 12:31 PM
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Welcome back. Glad to see your return. Sorry its under these circumstances.
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Old 05-14-2017, 01:03 PM
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Originally Posted by ele110 View Post
Just curious, I have noted you have requested NO access for your child's mother. Is there any reason for that?
Because she is crazy, tried to flee with her child to the Ukraine, has lied sooooooooooo many times, is a threat and risk to the child, has not paid $1 in support of her child, the court is trying to protect the child. The list could go on .
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Old 05-21-2017, 03:25 PM
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I think it's important for things to go to trial more often and fathers especially not to compromise on custody matters. Times are changing but we need as much case law showing lawyers that their male clients have a good chance of getting shared and even sole custody.

Hang in there, you are doing the community a service.
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  #18 (permalink)  
Old 07-24-2017, 03:04 AM
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Hi Everyone

So we got our trial #3 decision. No surprises really if you ask me and can be summarized as follow
  1. Kid safe - supervised stay and reduced by 6 visits a year
  2. We can travel without begging mom for permission that she would never give.
  3. Mom ordered to pay CS and 9k before she can come back to court.

and here are main points of the order:

Final Order to Issue

The order of Justice Pazaratz dated November 9, 2011, and the final order of Justice Harper dated February 18, 2014, are varied as follows

1. The Respondent Father shall continue to have sole custody of the child of the parties namely, *** born ***

2. The ApplIcant Mother shall continue to have access to the above named child for 2 hours per week to be supervised at the SupervIsed Access Centre in Hamilton, Ontario. Unless the parties agree otherwise, these visits shall be on a Sunday. There shall be no makeup time for visits that are canceled by the Centre, or by the Respondent pursuant to paragraph 4 below.

3. The Respondent Father is entitled to apply for a passport for the said child without the consent of the Applicant Mother He is also entitled to travel outside of the country with the child without the consent of the Applicant Mother for a period of not greater than 3 weeks provided that he gives her 60 day's written notice of his intent to do so and particulars of the trip, such as destination, method of transportation, details of transportatIon (such as flight number, departure and return dates), and the address of the accommodations.

4. The Respondent Father is entitled to cancel the weekly visit for a total of 6 tunes per year in order to make his own plans with the child as long as he gives the Applicant Mother and the Supervised Access Centre 60 days' notice if he plans to be out of the country, or 30 days notice If he plans to be in Canada. Any desire to travel as set out in paragraph 3 above must be included in these 6 weeks or within any visits that are cancelled by the Supervised Access Centre.

5. The Respondent Father shall not make any restrictions on activities the child may engage in with the Applicant Mother during access such as watch television, movies, and videos, or playing video games.

6. If the Applicant Mother gives the child a gift during access, there shall be no requirement that he must bring It back to a future visit. However, the Applicant Mother may bring Items for activities for her and the child to engage m and take them back to her own residence.

10. The Applicant Mother shall pay support for the above named child in the amount of $157.00 per month based on a gross annual income of $19,729.00 commencing January 15t, 2016.

11. The ApplIcant Mother shall pay support for the above named child in the amount of $197.00 per month based on an estimated annual income of $24,600.00 commencing January 15t, 2017

12. Any arrears of child support owing as of August 31 st, 2017 shall be paid at the rate of $100.00 per month commencing September 1st, 2017.

13. The parties shall share extraordinary expenses for the above named child in proportion to their incomes commencing August 1 st, 2017

14. The Applicant Mother shall provide a copy of her complete income tax return, including any attachments, along with a copy of her NotIce of Assessment by June 30th every year commencIng June 30th, 2018. The same disclosure shall be provided by the Respondent, as long as he is making a claim for extraordinary expenses.

15. A Support Deduction Order shall issue.

16. The Applicant must pay the Respondent the sum of $9,000.00 towards any outstanding costs orders before she commences any new litigation to expand or change access. All outstanding orders for costs remain owing in full however.

17. If the parties are unable to agree on how to handle the Issue of costs, then written submissions of no more than 6 pages plus any attachments may be served and filed as follows
• Respondent Father by August 11th, 201 7
• Applicant Mother by August 28th, 2017
• Reply from Respondent by September 11, 2017


so here you have it... Sad part is that it does not look like our last trial since mom already wrote to me that 9k is not going to stop her...

Night,
WB
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  #19 (permalink)  
Old 07-24-2017, 09:09 AM
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Congrats WD!
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  #20 (permalink)  
Old 07-24-2017, 09:24 AM
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well done. Keep in mind minimum wage is going to raise to $14 / hour, if it already hasn't.

I figured they wouldn't cut off access. I suppose she could max out credit cards and loans and return to expand access.

Nice to see you don't have to go through her to travel. Enjoy your next vacation!
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