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Old 02-16-2015, 07:58 PM
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Default RCMP negligent in parental abduction, father claims

Here is another one...

RCMP negligent in parental abduction, father claims - British Columbia - CBC News

I have very little hope he will get anything from case against RCMP. But who knows ...


Regards,
WD
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Old 02-16-2015, 08:16 PM
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He suspects officers bought a story from his ex – without any evidence - that she was an abuse victim. Bride did later claim in an affidavit filed with an Australian court that she had to flee for her safety.
And once again we see how abductor's duck the eyes of the law by relying on rule 285 of the criminal code which trump other abduction codes.

All she had to do was feed a sob story. No evidence needed. In fact once she was successful in thwarting our RCMP the Australian authorities found no substance to the allegations.


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Investigating parental abductions for the last 20 years I would say the greater majority of allegations of abuse are more fictitious than they are real," said Davis. "The greater majority are made up stories — so that they can get their way."
And yet another loving parent loses a child.
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Old 02-16-2015, 08:21 PM
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Originally Posted by LovingFather32 View Post
And once again we see how abductor's duck the eyes of the law by relying on rule 285 of the criminal code which trump other abduction codes.

All she had to do was feed a sob story. No evidence needed. In fact once she was successful in thwarting our RCMP the Australian authorities found no substance to the allegations.




And yet another loving parent loses a child.
Yea
every time I read this kind of story it gives me chills. I was so close to be one of thouse parents. Thanks got I out of the blue went to that kijiji and saw that she is selling staff and leaving the country... Rest is history and published on CanLii.

WD
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Old 02-17-2015, 09:09 AM
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Hm.....as usual there is more to the story.

So did anyone read the Australian court docs?
https://www.documentcloud.org/docume...sredacted.html

Turns out they were planning to move back to Australia. They were only in Canada temporarily so the dad could complete his degree. The court decided their intentions were to live in Australia and therefore, the child's habitual residence was Australia.

Sad but that was their plan. Seems unfair to try to force the mother to stay here when that was never their intention. Would have made more sense for him to do what he planned and go to Australia to be with his daughter.

Last edited by HappyMomma; 02-17-2015 at 09:27 AM.
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Old 02-17-2015, 09:31 AM
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^^Indeed. And what exactly did he expect the RCMP to do with no custody order in hand? Continue to bar her and the child from boarding? They had already pulled them once.
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Old 02-17-2015, 09:38 AM
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Originally Posted by HappyMomma View Post
Hm.....as usual there is more to the story.

So did anyone read the Australian court docs?
https://www.documentcloud.org/docume...sredacted.html

Turns out they were planning to move back to Australia. They were only in Canada temporarily so the dad could complete his degree. The court decided their intentions were to live in Australia and therefore, the child's habitual residence was Australia.

Sad but that was their plan. Seems unfair to try to force the mother to stay here when that was never their intention. Would have made more sense for him to do what he planned and go to Australia to be with his daughter.
What would make more sense is to go to court and get an order that she can leave and not just abduct child. Don't you think ?
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Old 02-17-2015, 11:30 AM
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What would make more sense is to go to court and get an order that she can leave and not just abduct child. Don't you think ?
Agreed.

Seems to me, that a child's habitual residence, would actually be the country where that child lived with both parents, up until the point of abduction, not "well, we were *planning* on this together..."

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An international child abduction occurs when a parent, guardian or other person with lawful care of charge of a child removes that child from Canada, or retains that child outside Canada, without either the legal authority or permission of a parent who has full or joint custody rights.
Seems like child abduction to me.
What gives the Mom the right to remove child from country, over the right of Dad to ask for child to remain in country?

Seems like Mom eventually had a good lawyer, and an Australian court, that found every way they could justify why it wasn't abduction.
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Old 02-19-2015, 11:10 PM
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Originally Posted by HappyMomma View Post
Seems unfair to try to force the mother to stay here when that was never their intention. Would have made more sense for him to do what he planned and go to Australia to be with his daughter.
Yea .. might as well abduct her huh? That solves things.

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^^Indeed. And what exactly did he expect the RCMP to do with no custody order in hand? Continue to bar her and the child from boarding? They had already pulled them once.
Umm yes. Until mom got the proper paperwork from the courts that's exactly what they should have done.

Honestly WD .. I can see why you've stopped coming here so much.
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Old 02-19-2015, 11:51 PM
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I understand it is difficult for you to understand the law. But without a custody order in place, the RCMP have no right to make a decision nor to restrain a parent.

And frankly, if one is going to plead that a false status quo created post-separation shouldn’t be relied on to create a permanent custody arrangement, then one certainly shouldn’t attempt to rely on a false status quo pre-separation to argue a permanent custody arrangement.

He had his visa application on-going with Australia, they had told their landlords they were renting short-term and refused to sign a one year lease, they had no permanent residence, neither had long-term employment positions (she had none), and neither had any intention of residing in Canada – all of their friends/family knew this 3-some was going to reside in Australia, as even further evidenced by their facebook postings to their friends in Australia. But, hey, maybe she gave him a blowjob.

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Honestly WD .. I can see why you've stopped coming here so much.
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Old 02-20-2015, 12:07 AM
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... But, hey, maybe she gave him a blowjob...
Moderate. Keep your childish zingers against forum members out of your moderating duties please.
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