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Learner 01-29-2014 01:06 PM

Child Abduction
 
Another child abduction by a parent but this one has a twist: Alexander Fiodor Levin Tried To Hide Child, Now Facing Possible Jail Time

I hope they through the book at him - this one takes the cake!

Tayken 01-29-2014 01:35 PM

Quote:

Originally Posted by Learner (Post 162846)
Another child abduction by a parent but this one has a twist: Alexander Fiodor Levin Tried To Hide Child, Now Facing Possible Jail Time

I hope they through the book at him - this one takes the cake!

Book? I propose the library...

gone_bald 01-30-2014 01:30 PM

I've been accused of planning an abduction that was never the case. Believe me some parents go all out in some cases!!!

Until I can have my day in in court I am restricted to supervised access of my children 4 hours a week.

For months he kept threatening to kick me out and call the police. I started looking in the same city and began to pack. When I found a place I told him. But I didn't get it and he stressed me out about finding a location close to him and no more than 5 miles away (his proposal said no more than 20 )!! Found another 1 and gave him a weeks notice. Negotiations for primary residence settled. Access for him almost a done deal. But 2 days after I told him he served me with a court order, stripped me of custody, no access on basis of abduction. Only managed to get supervised access for now until OCL completes assessment (cuz he threw in there mental illness and substance abuse) .

I'm the mom. I stayed home to raise my kids for years. Its a devastating experience .

arabian 01-30-2014 01:52 PM

Sounds like you have had a very difficult time. When you moved away with the children was it very far? Did you get laboratory testing done to prove no substance abuse? If you have mental illness are you under the care of a physician or psychiatrist? When do you expect the OCL to complete their assessment?

Berner_Faith 01-30-2014 02:04 PM

Quote:

Originally Posted by gone_bald (Post 162972)
I've been accused of planning an abduction that was never the case. Believe me some parents go all out in some cases!!!

Until I can have my day in in court I am restricted to supervised access of my children 4 hours a week.

For months he kept threatening to kick me out and call the police. I started looking in the same city and began to pack. When I found a place I told him. But I didn't get it and he stressed me out about finding a location close to him and no more than 5 miles away (his proposal said no more than 20 )!! Found another 1 and gave him a weeks notice. Negotiations for primary residence settled. Access for him almost a done deal. But 2 days after I told him he served me with a court order, stripped me of custody, no access on basis of abduction. Only managed to get supervised access for now until OCL completes assessment (cuz he threw in there mental illness and substance abuse) .

I'm the mom. I stayed home to raise my kids for years. Its a devastating experience .

I am confused... if your other post you said you had sole custody of your children??

gone_bald 01-30-2014 02:14 PM

Berner its a complex family situation . Kids from diff couple relationship.

gone_bald 01-30-2014 02:17 PM

arabian no mental illness. All testing postponed until report from OCL and they were just appointed. Don't even know if its an 89 or 112 yet.

Berner_Faith 01-30-2014 02:24 PM

Quote:

Originally Posted by gone_bald (Post 162980)
Berner its a complex family situation . Kids from diff couple relationship.

Well I don't see how Dad would have a leg to stand on, if you have sole custody of some of your bio-children, how are you posing a threat to your children with him? Hopefully this gets sorted out soon for you, but you did come to the right place if you are looking for advice.

Tayken 01-30-2014 03:10 PM

Quote:

Originally Posted by gone_bald (Post 162972)
I've been accused of planning an abduction that was never the case. Believe me some parents go all out in some cases!!!

For some reason gone_bald I don't buy your story that you are selling here. As a researched person in the matters of parental child abduction the way you present your position is odd to say the least.

Quote:

Originally Posted by gone_bald (Post 162972)
Until I can have my day in in court I am restricted to supervised access of my children 4 hours a week.

The evidence to establish even on a prima facia basis that a parent is potential flight risk is not an easy task. I point you to this thread to reference the complexity of such a matter:

http://www.ottawadivorce.com/forum/f...heading-12778/

In addition I advise you read this case law:

2012 ONSC 3104

What you are projecting below is a complex mix of personal opinion and logical fallacies that just don't add up.

Quote:

Originally Posted by gone_bald (Post 162972)
For months he kept threatening to kick me out and call the police.

It is really easy to make these kinds of comments to a public message form but, do you have any actual evidence, beyond your emotional reasoning, in support of this "fact" you are trying to establish? Witnesses who will testify that this occurred? Emails stating this? Recordings?

I recommend you read this thread as well:

"The difficulty with the term “abuse”... (Case Law)"

http://www.ottawadivorce.com/forum/f...ase-law-16809/

Quote:

Originally Posted by gone_bald (Post 162972)
I started looking in the same city and began to pack. When I found a place I told him. But I didn't get it and he stressed me out about finding a location close to him and no more than 5 miles away (his proposal said no more than 20 )!!

Sounds like the other party is well researched on the key elements of joint custody and equal access of children. Furthermore, the other party has been properly advised not to change the children in the matter's habitual residential location. 20 Miles is 30KM roughly. In certain areas of Ontario that distance could mean children are in a car for over 45 minutes of travel time (or more) to get to school. Justices tend not to like those kinds of things.

So, although you are "shocked" as to what the other parent is saying and are trying to project the other parent as "controlling" (possibly). I highly recommend you take two steps back and consider the reality of the **GOOD ADVICE** you have been given about remaining close the child/ren's habitual residential neighborhood.

You are free to choose to live anywhere you want gone_bald but, you cannot abruptly move the children from their habitual residential location. So, if you are planning to move those distances between court jurisdictions I would advise you to think again.

If you leave say the Hamilton region and move to Halton region the parent whom remains will have the advantage as in accordance with Rules the proper court district will be Hamilton, the children's habitual residential location and not the new place you moved to. The Halton courts will simply return the matter to Hamilton. (Same goes for Peel -> Toronto etc...)

Remember the "Great Toronto and Hamilton Area" is not a legal entity. Mississauga is a part of the Peel Region which has it's own court house and Toronto has their own family law court house in the city of Toronto.

Think of it this way... If you move from Mississauga to Toronto and file in Toronto. 99% likely the Toronto justice will throw your matter right back to Peel... Then you have to explain to a justice in Peel why you moved to Toronto... It is like telling a police officer that their city sucks and why you were speeding (breaking the law) to get out of the city. Not going to win you any favour with the court.

So, although you may think this is bad advice... You have gotten good advice.

Please read this thread and the threads linked in it to see why you shouldn't take offense to the good advice provided by the other party:

"Moving With A Child - Case Law - Habitual Residence"

http://www.ottawadivorce.com/forum/f...sidence-14033/

Quote:

Originally Posted by gone_bald (Post 162972)
Found another 1 and gave him a weeks notice. Negotiations for primary residence settled.

The whole concept of "primary residence" loses much luster when joint custody and equal access is in place. In fact, the neighborhood and more importantly the child/ren's school becomes the focal point of what defines the primary residential area of the child/ren and not a particular parental home. You should contemplate that for a very long time.

Also, if they were "settled" then they were written up and signed to in my humble opinion. In matters like this the only thing you can rely upon is a signed document... not someone's word.

Finally, if all you have is "your word" then it is mostly "hearsay" as to what you agreed. Furthermore, if you did agree to something or were negotiating that is protected under Rule 18 of the FLR and cannot be disclosed in the court proceedings until an order is made and for the purposes of costs determinations.

Quote:

Originally Posted by gone_bald (Post 162972)
Access for him almost a done deal. But 2 days after I told him he served me with a court order, stripped me of custody, no access on basis of abduction.

What do you mean you "told him"? Told him what you would agree to for access? Or what access would be? Or that you were throwing Rule 22 and sub components of the CRLA out the window and moving the children without the other parent's consent?

If that is the case then good on the other parent for bringing the matter to court and insuring that the child/ren's habitual residential location, relationship to their school, neighborhood and friends were not disrupted by your "controlling" actions.

Quote:

Originally Posted by gone_bald (Post 162972)
Only managed to get supervised access for now until OCL completes assessment (cuz he threw in there mental illness and substance abuse) .

This is where I think your story falls flat. On any order I have ever seen (of which I have seen many) resulting from an urgent motion even brought ex-parte on Application the justices will 99% of the time ORDER the CAS to investigate the matter. Especially the allegations you are suggesting the other parent relied upon. You wouldn't be dealing with OCL at all at this point in time. CAS can investigate and turn around a response to the courts rather quickly if ordered to in most jurisdictions. They will talk to doctors and can setup drug tests etc...

Your story is odd...

It would be a rare situation that a justice on affidavit evidence alone would lock down a supervised access long term. This only happens (see example above) after a LONG motion hearing and often a viva voche trial of some sort.

Quote:

Originally Posted by gone_bald (Post 162972)
I'm the mom. I stayed home to raise my kids for years. Its a devastating experience .

There is something very fishy about your story to say the least...

Good Luck!
Tayken

gone_bald 01-30-2014 07:14 PM

I was not present when the application was filed "emergency" to the judge ex parte . The serve was an ambush and he was scolded when I was able to appear days later. Judge close to transferring custody back to me but was ambushed again. He ordered us out of the courtroom for 2 months.

I have a lot of evidence to support my "emotional reasoning" that is not short of months of recordings.

Im not the "controlling" party far from it. You suggest that "habitual residential location" is more important than prospect of alienating the mother and siblings? Woooah... :-/ Merci for the support !

P.S. my residence is 3 km away. The first one was 11 km away the one I didn't get. his proposal was within 20 miles


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