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  #21 (permalink)  
Old 02-20-2015, 09:55 AM
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Status quo isn't 'planned'. It exists, or it doesn't.

Pretty sure you would be laughed out of court if you tried to use what (may or may not) happen as the status quo.

On a side not - I'm delighted to see both Tayken and WorkingDad both still take the time to visit the site. Kudo's to both of you, gentlemen.

Last edited by wretchedotis; 02-20-2015 at 09:58 AM.
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Old 02-20-2015, 10:20 AM
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Having finished reading the court order from the Australian court that someone kindly posted (thanks!) the whole basis of the Judge's decision was that the father had applied for a VISA to Australia.

Interestingly the mother withdrew her sponsorship of the father but, the Judge didn't make a negative inference against the mother for this conduct.

The mother was found to be suffering from anxiety "postpartum". The judge tip toes around this medical evidence and excuses as to why the mental health of the parent cannot be weighed at this time but, the judge doesn't close the door.

The order does not set anything as final when it comes to custody and access. My recommendation to this father would be to seek in the next steps to seek joint custody of the child and equal access at minimum.

The mother has no means to support the child in Australia and this fact is outline in the court order. The judge does say that maybe in future proceedings where there is a trial and evidence can be weighed better that the child's best interests are met in Canada where the child can be properly supported.

It is not a "loss" at all for the left-behind parent in this matter. In fact, the court order does not bold well for the mother more than the father. The way the judge struck down the "domestic violence" allegations is the possible death knell for the mother's whole case.

This is a matter where a Section 30 evaluation (or Australian version) would really benefit the courts. The mother's mental health and state are in question and the ability for her to support the child. Best done by a qualified medical professional trained in these matters.

Good Luck!
Tayken

Last edited by Tayken; 02-20-2015 at 10:24 AM.
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  #23 (permalink)  
Old 02-20-2015, 10:32 AM
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Quote:
Originally Posted by wretchedotis View Post
Status quo isn't 'planned'. It exists, or it doesn't.

Pretty sure you would be laughed out of court if you tried to use what (may or may not) happen as the status quo.
Generally yes. The evidence the judge relied upon was not the hearsay but the father's conduct of applying for a VISA to live in Australia and his late cancellation of this VISA.

Quote:
Originally Posted by wretchedotis View Post
On a side not - I'm delighted to see both Tayken and WorkingDad both still take the time to visit the site. Kudo's to both of you, gentlemen.
In limited capacity... March is going to be busy I suspect...

Good Luck!
Tayken
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Old 02-22-2015, 07:56 PM
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No status quo isn't "planned" but the family plans/intentions -and actions based on those intentions -are most certainly taken into account when a judge determines -I've seen the "whole preseparation " family planning taken into account on other cases I've read re education planning, private schools etc. For the kids and can ultimately determine sq. This Australian judge certainly considered intent. Tayken isn't the case interesting? I don't think I can type this all out in tapatalk and want to read your points one by one, but will when home. Plus -I think a convo on rcmp actins with /without orders could be engaging.


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