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Political Issues This forum is for discussing the political aspects of divorce: reform to divorce laws, men's rights, women's rights, injustices in the divorce system, etc.

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  #11 (permalink)  
Old 01-16-2015, 02:29 PM
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From watching my case management judge's strategy, I think Justice Quinn ruled the only way he could under the circumstances.

Mom now has been given the final length of rope to legally hang herself (and will probably use it), while Dad has been examined up, down, over and under by the courts.

If she doesn't follow the final order (and she won't), dad will finally get sole custody without much effort and mom will have no recourse in the courts after being so fully exposed by Quinn's judgment.
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Old 01-16-2015, 02:44 PM
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Quote:
Originally Posted by rockscan View Post
When reading through the canlii item, it doesnt say anything about him asking for it. It could very well be that he just wanted shared custody (joint custody) with an easing of increased access in a reasonable manner for the child. It notes she has asthma issues when shes stressed. He could have just gone in seeking joint with access being increased in an easy way leading to 50/50. He probably still wants the childs mother in her life or it could be that he doesnt have the ability to take on full custody. We cant make assumptions for why the judge didnt say here you go.

Many of the other cases similar to this one had full custody reversed on application from non custodial parent. This case doesnt say if dad actually went in looking to get full custody. Which might work for him in the future if mom shows she wont adhere.
Right on the money rockscan. Even after all the antics the mom pulled, dad would not say anything bad about her in court.

Quinn pointed out that he has a non-practicing lawyer in his family circle which may have helped him stay the course and keep calm despite being self-repped and being attacked so viciously by this woman.

I plan to study the decisions cited by Quinn at the beginning of his judgement in addition to using this judgement itself to educate myself since I know there is a long road ahead of me dealing with my alienating ex and her malicious lies.
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Old 01-16-2015, 02:47 PM
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Quote:
Originally Posted by YoungDad23 View Post
From watching my case management judge's strategy, I think Justice Quinn ruled the only way he could under the circumstances.

Mom now has been given the final length of rope to legally hang herself (and will probably use it), while Dad has been examined up, down, over and under by the courts.

If she doesn't follow the final order (and she won't), dad will finally get sole custody without much effort and mom will have no recourse in the courts after being so fully exposed by Quinn's judgment.
That's my postulation also. I just wish people couldn't away with so much beforehand. Remember, there's still a chance she will come to the realization that she's screwed if she continues and finally smarten up. Leaving joint custody to a father who deserves sole.

The system shouldn't be able to sit round with a bowl of buttery popcorn watching the circus for so long. It's terrible.

It's true though .. he may not have asked for joint.

Last edited by LovingFather32; 01-16-2015 at 02:48 PM. Reason: missed something
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Old 01-16-2015, 03:34 PM
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Originally Posted by LovingFather32 View Post
That's my postulation also. I just wish people couldn't away with so much beforehand. Remember, there's still a chance she will come to the realization that she's screwed if she continues and finally smarten up. Leaving joint custody to a father who deserves sole.

The system shouldn't be able to sit round with a bowl of buttery popcorn watching the circus for so long. It's terrible.

It's true though .. he may not have asked for joint.
I know in court you don't usually get something that you aren't asking for, but didn't WorkingDad get sole when he was asking for joint?
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Old 01-16-2015, 04:53 PM
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Originally Posted by Rioe View Post
I know in court you don't usually get something that you aren't asking for, but didn't WorkingDad get sole when he was asking for joint?
I think WorkingDad initially asked for Parallel Parenting, with sole to him as his second choice.
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Old 01-16-2015, 09:44 PM
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Default Footnotes by Justice Quinn

Here are Justice Quinn's actual footnotes in this judgement.

I couldn't believe what I was reading! LOL

Does any other Family Court Judge do this?


[1] When she advised the court of the no-trespass letters, during closing argument, Ms. Szakacs seemed quite pleased with her procedural coup.

[2] If she is like this in court, what must she be like outside the courtroom?

[3] However, my task includes determining whether Mr. Clarke is parentally fit, not whether it would be prudent for the child to become his business partner.

[4] Dr. Freud has not responded to my page.

[5] Of the litigants to whom I pose this question, 99% answer “No,” explaining that they want a better life for their child.

[6] If Mr. Clarke had turned water into wine, Ms. Szakacs would have complained that she prefers beer.

[7] This is another example of her unfair refusal to concede anything favourable about Mr. Clarke.

[8] Imagine a situation where a father has sole custody and the mother has access. What is one’s first thought? If you are taking this quiz honestly, you will answer: “I wonder what is wrong with the mother? Drugs? Alcohol?” In other words, she is somehow thought to be inferior to the custodial parent by the mere mention that she is only an access parent. A fortiori, in the case of an access father.

[9] Sometimes the presumption does not survive the first recess in the trial.

[10] Parens patriae is the power of the court to act in the stead of a parent for the protection of a child”: see B.(A.C.) v. B.(R.), 2010 ONCA 714 (CanLII) at para. 23.“[T]he discretion is to do what is necessary for the protection of the person for whose benefit it is exercised”: see Eve, Re, 1986 CanLII 36 (SCC), [1986] 2 S.C.R. 388 at p. 427. “[T]he categories under which the [parens patriae] jurisdiction can be exercised are never closed . . .”: see Eve, Re, supra, at p. 426.)
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Old 01-19-2015, 11:06 PM
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It was great to see this spelled out in decision;

Quote:
In the eyes of friends, family, school officials and the community in general, an access parent is viewed as inferior to a custodial parent.[8] It is never in the best interests of a child to have one of his or her parents considered as inferior to the other. Therefore, I begin with the presumption[9] that joint custody is in the best interests of the child of these parties and then I look for evidence to the contrary, such as disqualifying conduct by, or characteristics of, Mr. Clarke. Here, there is no such contrary evidence.
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