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  #21 (permalink)  
Old 09-25-2012, 07:24 PM
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What the hell is she on?Isn't this going to end up on Canli anyway?if it isn't already?
  #22 (permalink)  
Old 09-25-2012, 08:19 PM
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Originally Posted by WorkingDAD View Post
anyone can guess what she is talking about ?
Family Law News
April 2012
Written by Lauren Bale & Kanata Cowan

http://www.hamiltonlaw.on.ca/Librari...2012.sflb.ashx

One would assume that the person in question is possibly refering to the article written by Lauren Bale and Kanata Cowan.

Which was published on "The Hamilton Law Association" website.

My understanding of The Hamilton Law Association is:

Quote:
The Hamilton Law Association is one of the oldest county and district law associations in the Province. It was created by the hard work and inspiration of Britton Bath Osler with the purpose to support a law library in the Court House, the general interests of the profession, and the good feeling and harmony of its members...
History -> The Hamilton Law Association

Good Luck!
Tayken
  #23 (permalink)  
Old 09-25-2012, 08:42 PM
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Quote:
Originally Posted by Tayken View Post
Family Law News
April 2012
Written by Lauren Bale & Kanata Cowan

http://www.hamiltonlaw.on.ca/Librari...2012.sflb.ashx

One would assume that the person in question is possibly refering to the article written by Lauren Bale and Kanata Cowan.

Which was published on "The Hamilton Law Association" website.

My understanding of The Hamilton Law Association is:



History -> The Hamilton Law Association

Good Luck!
Tayken
you got it right Sir
  #24 (permalink)  
Old 09-25-2012, 11:15 PM
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Originally Posted by WorkingDAD View Post
you got it right Sir
It's All Your Fault that independent lawyers read the publicly posted case law and wrote an article about this publicly posted decision?
  #25 (permalink)  
Old 09-26-2012, 06:03 AM
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^^^^^^^^
This article is spot on about high conflict people.
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Old 09-26-2012, 07:00 AM
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Originally Posted by Nadia View Post
^^^^^^^^
This article is spot on about high conflict people.
This statement from the above mentioned article is relevant to the matter being discussed in relation to the consistent false allegations that highly conflicted people make before the court in family law matters:

(My emphasis added)

Quote:
Part of the progress of our modern society is our belief in justice for all. This means our courts, workplaces, community organizations, and others have become much more fair and open to everyone. As a society, we’re dedicated to helping victims of abuse and punishing perpetrators. This is a good thing, but it means we must learn to tell the difference between those who are true victims and those who just feel like victims and are complaining because of their personalities (although some people have personality problems and are true victims). Our procedures of fairness and openness unintentionally encourage complaints and prolonged disputes. We thoroughly and objectively examine limited “facts,” without recognizing the significance of personality problems and how they can distort the “facts.” This encourages those with personality disorders to seek validation and vindication for personal problems and upsets they can’t handle inside themselves through the courts and other agencies. They know people will listen and take them seriously.
  #27 (permalink)  
Old 09-26-2012, 07:20 AM
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Im glad we are safe from one of those people .Stbx used to hit and slap the kids whenever he got in a bad mood and blame them...for HIM hitting them.It was all their fault apparently.
  #28 (permalink)  
Old 09-26-2012, 07:39 AM
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Originally Posted by murphyslaw View Post
Im glad we are safe from one of those people .Stbx used to hit and slap the kids whenever he got in a bad mood and blame them...for HIM hitting them.It was all their fault apparently.
Be very careful how you make these allegations though if you did not act on those instances as they occurred as a parent and then allege them before the court after the fact on the balance of probabilities they could be considered as "false allegations".

It is ok to "vent" on a forum like this but, the court will require cogent and relevant evidence beyond your statement of "belief" to these incidents and detailed particulars in demonstrating this evidence. (See the above quoted paragraph with my emphasis.)

Your emotional state will come into question and you will be cross examined viva voce at trial to determine if the statements of belief and evidence to the conduct you are alleging is "true" on the balance of probabilities. The balance will be VERY high against you if you do not bring forward cogent and relevant evidence to prior incidents. Also, affidavits from "friends" stating more "belief" with no factual evidence in support will only raise more questions potentially. Negative advocates are of no assistance to the court and any "friend" or "family member" who recants your story is not "evidence" potentially to conflict but, evidence that you may be able to execute a "distortion campaign" against the other parent.

I am not saying to are doing this... But, presenting the counter arguments to allegations of abuse. If you present yourself as a victim the court will not automatically determine in your favour and the other party will present counter evidence. Often, incredibly strong counter evidence that can demonstrate that the attempts to bring forward these allegations are to establish a "false status quo" in the favour of the party making them.

As demonstrated in the case law already posted for the file in question, this can impact custody decisions when weighted against the "best interests" test with prejudice against the party who continually makes them without evidence.

Good Luck!
Tayken
  #29 (permalink)  
Old 09-26-2012, 07:51 AM
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Quote:
Originally Posted by Tayken View Post
Be very careful how you make these allegations though if you did not act on those instances as they occurred as a parent and then allege them before the court after the fact on the balance of probabilities they could be considered as "false allegations".

It is ok to "vent" on a forum like this but, the court will require cogent and relevant evidence beyond your statement of "belief" to these incidents and detailed particulars in demonstrating this evidence. (See the above quoted paragraph with my emphasis.)

Your emotional state will come into question and you will be cross examined viva voce at trial to determine if the statements of belief and evidence to the conduct you are alleging is "true" on the balance of probabilities. The balance will be VERY high against you if you do not bring forward cogent and relevant evidence to prior incidents. Also, affidavits from "friends" stating more "belief" with no factual evidence in support will only raise more questions potentially. Negative advocates are of no assistance to the court and any "friend" or "family member" who recants your story is not "evidence" potentially to conflict but, evidence that you may be able to execute a "distortion campaign" against the other parent.

I am not saying to are doing this... But, presenting the counter arguments to allegations of abuse. If you present yourself as a victim the court will not automatically determine in your favour and the other party will present counter evidence. Often, incredibly strong counter evidence that can demonstrate that the attempts to bring forward these allegations are to establish a "false status quo" in the favour of the party making them.

As demonstrated in the case law already posted for the file in question, this can impact custody decisions when weighted against the "best interests" test with prejudice against the party who continually makes them without evidence.

Good Luck!
Tayken

Taken it was documented by CAS and CAS is 100% behind me in everything I did.Recently in supervised access he admitted doing it and apologised.Not that the apology was worth alot to the kids but we have been fully vindicated in our actions.However......he lied in every single interview and affidavit about the abuse.Admitting it now.....well it brings some closure to the kids (if they continue to have supervised access only)
  #30 (permalink)  
Old 09-26-2012, 09:51 AM
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Quote:
Originally Posted by Tayken View Post
It's All Your Fault that independent lawyers read the publicly posted case law and wrote an article about this publicly posted decision?
Apparently it is in her mind. I am wondering what will happened with her brother job when he will come to testify to court and it become clear that he lied on affidavit as it now contradicts third party disclosure when he even had a problems because of some article written by lawyers...

Of well that may be there will be no witnesses coming (as of now).

WD
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