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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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  #1 (permalink)  
Old 12-08-2016, 01:29 PM
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Default Custody = Mobility

The custodial parent can effectively move with the children anywhere they want.

http://canlii.ca/t/gvx6c

Father in this case is a lousy litigator, but still. Usual nonsense.

Quote:
[36] In the circumstances of this case, it is not appropriate to view the father as an “access” parent but it is nonetheless important to observe that he agreed, shortly after the child’s birth, that her primary residence would be, as it has ever since been, shared with her mother and sister.
The father is involved, but either you are a parent or you are not. If you have less than 40%, you can pretend you are a parent, but you are not.

Quote:
44] In this case, the mother testified that in Midland she would have, and had, no financial stability. She argued that if the move was refused she would be compelled to return to the Midland area where she would have “no fighting chance” to, what the court inferred was, succeed. That diminished future would impact both of her children.
The mother will have more money if she moves. Since she has custody, that is good for the kid. Father doesn't have custody, he doesn't matter.

Quote:
31] the father maintained that the child should remain in the Midland area residing with him at his parents’ residence. He is financially dependent on them and likely will remain partially, if not almost wholly, dependent on them for the foreseeable future given his back condition and potential future surgery. The court was not told what other career options were open to the father or what inquiries he had made to explore vocational retraining in the event that, again, he was unable to engage in physical labour.
If you are male and you don't have a job, that makes you a lousy parent. Presumably the mother could have moved and paid CS to the father... just kidding. Mother has custody, that can't be changed.

Quote:
[58] the child should be given the opportunity to emotionally and intellectually flower in the family environment in which she has been raised since birth with her mother and sister.
Because child can only flower with primary custodial parent.

Quote:
In no way should this outcome be viewed as impugning or minimizing the father’s relationship with the child or what the father and his family have contributed but rather, it weights the delicate balancing of the child’s best interests in favour of the proposed move.
The only people who believe that it is a delicate balance are those who haven't read the case law.
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Old 12-08-2016, 04:38 PM
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This guy had a ton of stuff not going for him out of the gates.

He has no license due to drunk driving (and crashing in to police cruisers for god sakes) and lives with his parents.

Quote:
If the applicant mother does not return with the child to Midland, the child shall have her primary residence with the respondent father subject to reasonable time sharing with the applicant mother.
That judge got it right. But the mom decided to work in Whitby and start couch surfing with family, etc there anyways. Good move...seems to have worked out for her.

Then dad decided not to go to his Settlement Conference. Talk about a "bad move".
Quote:
She retrained but could not find, even with professional assistance, sufficiently well-paying, and secure, employment in the Midland and surrounding area
BS...I would've been ALL over that. I bet there were tons of jobs.

Quote:
The unexpected termination of the lease for the rental property in which the mother and children lived was, together with all else that was happening, a perfect storm.
How convenient. Someone played there cards right.....while another sat twiddling his fingers.

Quote:
The court was not told what other career options were open to the father or what inquiries he had made to explore vocational retraining in the event that, again, he was unable to engage in physical labour.
This guy had no clue what he was doing at all. I'm not surprised the judge permitted the relocation. He seriously went in there with no plan?

Quote:
The father described his loving relationship with his daughter and her with his extended family. He was very involved with her care after her birth. The mother said that she admired the father as a parent. His mother testified that the child had a very strong bond with her father.
So sad that that'snot enough. Dad flunked his court appearances (when he showed up) and lacked any kind of plan. This one was very hard to read.

Mom was told earlier not to relocate ...so she schemed her way there anyways by securing a job....making her lease "terminate", etc. Schemers ... gotta love em'.

Quote:
The father objected to the move because he suggested that the mother could find “adequate” work in the Midland area. He did not say what that work involved, by whom that work might be offered, what the mother might be expected to earn or even whether there could be benefits.
He doesn't know what a job bank search is? Or an exhibit? I don't get it. Did he want his child to move away? I'm so confused.

He self-destructed his own case. Too bad.
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Old 12-08-2016, 06:30 PM
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Quote:
He self-destructed his own case. Too bad.
Half-literate moms get away with worse. How many dads on this forum had to execute perfect litigation strategies to get any semblance of justice.
LF32 if you didn't find this place, you'd be childless.
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Old 12-08-2016, 06:39 PM
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Quote:
Originally Posted by Links17 View Post
Half-literate moms get away with worse. How many dads on this forum had to execute perfect litigation strategies to get any semblance of justice.
LF32 if you didn't find this place, you'd be childless.
That's Bullshit Links. I'm a pretty intelligent guy. I was already reading up the FLR's, knew about Canlii and talking to people before this forum. Over my dead body was I going to let my ex get sole custody .... odf or not. I knewI had my work cut out for me from the get go!! I would've rather been dead than lose custody of my child. BUT ....odf really helped me out immensely (well except for you Links..too busy patting your own back). lol

Last edited by LovingFather32; 12-08-2016 at 06:42 PM.
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