words of wisdom - good quotes

[logicalvelocity]

I came across a very nice quote made by

Madame Justice Trussler in

Tremblay v. Tremblay

Alberta Court of Queen's Bench, Judgment: September 1, 1987
Docket: Edmonton No. 4803 61390


" I start with the premise that a parent has the right to see his or her children and is only to be deprived of that right if he or she has abused or neglected the children. Likewise, and more important, a child has a right to the love, care and guidance of a parent. To be denied that right by the other parent without sufficient justification, such as abuse or neglect, is, in itself, a form of child abuse."

[logicalvelocity]

Another nice comment made by

Honorable Justice Valmond Romilly in

D.D. v. A.S.S. aka T.S. and as T.S.
Date of Judgment: March 11, 2004

http://www.canlii.org/bc/cas/bcpc/2004/2004bcpc56.html


" D.D. in my opinion seems to be proceeding on the assumption that she has exclusive proprietary interests in her son, definitely to the exclusion of the father, and for him to have access to that child he must qualify by meeting her standards and conditions for access. In other words she seems to feel that she is the only one entitled to make decisions regarding her son, and certainly not the father. "

[logicalvelocity]

Mr. Justice McQuaid's 1993 decision of Sherry v. Sherry, D.R.S. 94-05914 where Mr. Justice McQuaid referred to a leading Supreme Court of Canada decision of Young v. Young, quoting from Mr. Justice Sopinka's judgment as follows:

"The long term value to a child of a meaningful relationship with both parents is a policy that is affirmed in the Divorce Act. This means allowing each to engage in those activities which contribute to identify the parent for what he or she really is."

"The access parent is not expected to act out a part or assume a phony lifestyle during access periods. The policy favoring activities that promote a meaningful relationship is not displaced unless there is a substantial risk of harm to the child."

[Jeff]

Thanks for the quotes logicalvelocity!

[hubby]

Who needs search engines when we have Logicalvelocity on board!

Hubby

[Grace]

Hubby,

I'm in agreement. For that matter, who even needs the lawyers. I find that Logicalvelocity answers questions far more quickly and more detailed than my own lawyers and he doesn't send you a horrendous bill at the end of each month.

Logicalvelocity, my trial is coming up, are you available?

[Grace]

Back to the words of wisdom - good quotes:

Baker vs. Baker Ontario Court of Appeals 1979 Justice Boland

"Courts must be responsive to the winds of change. In today's society, the breakdown of the traditional family is increasingly common and new ways of defining post-divorce family structures are desperately needed. It is apparent that the traditional award of custody to the mother and access to the father is the cause of many problems and most of the tensions between parents and children and between the parents themselves. Our courts see many cases in which the father has been deprived of access. Gradually, he loses interest or finds he cannot afford to continue his court battles, and as a result the child is deprived of the love, influence and financial support of the father. Joint custody would seem to be the ideal solution to present challenges and past experiences"

[logicalvelocity]

grace,

excellent quote re - baker vs. baker - I like that one.


I find family law and law in general fascinating. I consider learning about this to be a hobby of some sort.

It is always best to get a professional opinion on legal matters such as from Jeff or Lindsay as they do know the law and how it is applied. When I give an opinion, that is all it is, it may not be correct.

The forum is great way to obtain an understanding of the law when dealing or communicating with your own lawyer. Your not wasting precious valuable time asking your lawyer simple questions.

What I like most from these forums is that it is a good median to ask questions and get several opinions, maybe someone else has had similar experiences.

Bottom line is that the only persons capable or really fully qualified to give legal opinions is a lawyer such as Jeff or Lindsay as they are working in the field every day. This is their profession.

[Grace]

Burwash v. Mirosh 2001, Justice Trussler,

"I am satisfied that both parents love their daughter. There is no reason not to award joint guardianship and custody. It is sometimes said that joint custody cannot be awarded if the parents cannot cooperate. However, failing to award joint custody in these cases frequently rewards bad behaviour on the part of one of the parents, usually the one wishing to maintain the status quo. Joint custody can work in these situations if the order is properly structured. In extreme cases, parallel parenting can be set up."

[Grace]

South v. Tichelar 200l Justice Heeney

"Here, it is abundantly clear that communication between the parties has been very poor. They have managed rudimentary communication by way of exchange of notes, and through the use of the children as messengers, but it has been far from satisfactory. However, I am not convinced that the situation cannot be corrected, and indeed I am of the view that the establishment of a shared custody regime will go a long way to establishing lines of communication."