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  Ottawa Divorce .com Forums > Main Category > Political Issues

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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  #21 (permalink)  
Old 11-13-2014, 10:32 PM
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LF32, you must have inadvertently missed my Mod post last night when I directed any further discussion and debate on ‘personal rant’ spamming threads over to the political forum, so I’ll just move it over here to allow you the opportunity to continue on with your agenda.

Any spamming of current or future threads in other forums will be moved and/or receive appropriate action.
  #22 (permalink)  
Old 11-13-2014, 11:02 PM
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Personal rant? Huh?

Its case law and family law rules. In an attempt to assist both the abused and deter those abusing the system

What personal rant?

You'll take appropriate action? You're really threatening to shut me down for down for this educational thread?

My agenda? Is this thread not what the forum is for? What's your issue?
__________________________________________________ ___________
Divorce & Family Law (20 Viewing)
This forum is for discussing any of the legal issues involved in your divorce.

^^ How is this not what Im doing?

Last edited by LovingFather32; 11-13-2014 at 11:55 PM.
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Old 11-13-2014, 11:09 PM
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Speaking of agendas...
  #24 (permalink)  
Old 11-13-2014, 11:11 PM
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I don't get it. I left any emotional stuff out. I perceived it to be educational, factual and helpful to the average person who may want to "discuss any of the legal issues involved in their divorce. .. which is the definition of the category I originally posted in.

Can other moderator's please step in here? I feel like some may be abusing their powers.
  #25 (permalink)  
Old 11-13-2014, 11:33 PM
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Allegations of violence and abuse are not determinative of custody and access.

Where allegations of abuse are unsubstantiated and a child protection agency’s investigation shows no protection concerns, access may be awarded or continued. Access may also be continued or awarded notwithstanding allegations of spousal abuse where the court is satisfied that the parent does not pose a risk to the children. Kersten v. Kersten, 2007 CanLII 4321, [2007] O.J. No. 600 (S.C.J.).
I
n Batsinda v Batsinda,the court stated the existence of criminal charges and proceedings respecting allegations of violence is not determinative of the issues of temporary custody and residence of the children of the parties' relationship. The focus of the analysis remains at all times the best interests of the children.

The analysis must consider whether there are any clear concerns regarding the strength of the evidence relating to the alleged violence. Allowing the existence of criminal charges in such circumstances to dictate the outcome of the motion runs the risk of the allowing a party to invoke the criminal law system as a tool to gain an unfair advantage and hijack the Family Law proceedings.

Batsinda
, supra at para 29.

In Hong v. Rooney, the mother removed the 20 month old child from the father’s life for over a year, making serious and unsubstantiated allegations of spousal abuse and child sexual abuse by the father. In that case, the court found that it was in the child’s best interest to be in her father’s sole custody, with access to the mother, because the mother was unable to support the child’s relationship with the father.
Hong v. Rooney, 2012 ONSC 120, [2012] O.J. No. 430.

In E.M.P. v. S.P., although the Children’s Aid Society did not find any protection concerns, the mother maintained that her allegations of verbal, emotional and physical abuse were nevertheless true and raised a concern that the father would undermine the children’s view of her by making negative comments about her to them. The court found the father currently posed no physical threat to the children and he was in a position to provide good care for them. Until the matter could be fully addressed and credibility properly assessed, the children were to continue to have the opportunity to spend as much time as possible with each parent.
E.M.P. v. S.P.
, [2006] O.J. No. 874 (C.J.).

My Case: Things a judge looked at and agreed with

Here, the Respondent’s unsubstantiated allegations of violence and abuse should not be determinative of the issues of custody and access at this interim motion stage. The CAS completed an investigation of the Applicant and found no protection concerns. Throughout the parties’ relationship, there were no records with the ____ CAS or police about this family with respect to abuse.

The records of the counseling agency that the Respondent attended show that she claimed emotional and verbal abuse.

The Applicant poses no physical threat to the D3 and is in a position to provide good care her. Furthermore, the Applicant has enrolled himself in parenting classes for children of separation at ____ Family Services Applicant has also demonstrated his willingness to support D3's relationship with mother. The test here remains the best interests of the child. D3's best interests are served by a custody and access arrangement that ensures she is able to have maximum contact with both parents.

The OCL report is not determinative of custody and access at this motion.

The courts have strongly stated that the untested findings and recommendations of reports of the OCL should not be relied upon at a motion pending trial. In Batsinda v Batsinda, Justice Chappel summarized the jurisprudence regarding the manner in which the court should approach and consider assessment reports prepared for consideration at trial at the interim stage on a motion dealing with the issue of custody and/or access:
"
1) As a general rule, courts would be very cautious about relying on conclusions and recommendations set out in untested assessment reports at a motion pending trial, and about implementing even some of the Assessor's recommendations at the temporary motion stage. The rationale for this approach is that there is no opportunity at the motion stage to undertake a thorough analysis and evaluation of all aspects of the assessor's report, including the assessor's credentials, methods, observations, findings, theories, and recommendations.

2) It is only in exceptional circumstances that an assessor's recommendations should be implemented immediately before the parties both have an opportunity to fully test the assessor's evidence and recommendations. In general, motions for interim implementation of assessment report recommendations should be discouraged. Parties should not perceive the arrival of an assessment report as creating an automatic strategic opportunity to secure a more favourable status quo, heading into trial.

3) The court should not presume at the motion stage than an assessor's recommendations would or should inevitably prevail at trial.

4) The caution that applies with respect to the weight to be given to assessment reports at the interim stage of proceedings applies primarily to the conclusions and recommendations of the assessor, rather than the evidence and observations set out in that report. Information such as statements made by children to the assessor, the assessor's observations respecting the parties, and their impressions regarding the parties' interactions with the children may be of considerable value to the motions judge in their attempt to reach a decision respecting the best interests of the children, provided that the evidence appears to be probative."
Batsinda, supra at para 32.




Last edited by LovingFather32; 11-13-2014 at 11:47 PM.
  #26 (permalink)  
Old 11-14-2014, 12:01 AM
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I would also like to ask what is so different from a thread such as this?

http://www.ottawadivorce.com/forum/f...r-court-14084/

It's FLR, caselaw on denial of access and injected opinions of what may occur. But for some reason it wasn't moved to the "political" section.

Why am I getting special treatment?

Last edited by LovingFather32; 11-14-2014 at 12:03 AM.
  #27 (permalink)  
Old 11-14-2014, 07:43 AM
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I think you may be getting special treatment because your threads always turn into a bashing match between you and other posters. Honestly, I try to read your threads but am quickly turned off because of the constant bickering between the posters that respond to your threads. When this happens the threads are not educational at all, it's a bunch of personal beliefs
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Old 11-14-2014, 08:23 AM
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I've told my story. It's gained considerable popularity for a reason.

Some don't like that it's gained popularity. A select few have claimed since the beginning that I was lying, a farce. When these posters came on I stuck up for myself. No bashing.

Mr. T's language on my threads should not be tangled in with my conduct. Many don't appreciate what he says or how he says it then come on to my thread, challenge him for 4-5 pages. Then that's generalized to me.

It's true my story is an emotional one. It's true .. it generates debate. Bashing? Haven you read some of SadNTired's comment's/posts? Not on my part that's for sure. Emotion? Sure. Its an emotional topic.

Do you how many PM's I've received thanking for me for my threads?

Not to mention Berner .. I do see you reading up perhaps more than anybody else. If it's just senseless bashing what attracts you?

So no matter what thread I start. Productive, informational, educational, helpful .. they will all just get generalized to a thread I started which generated debates?

I have a lot to offer to this forum in terms of real life advice. I feel like that's a tad unfair.

Last edited by LovingFather32; 11-14-2014 at 08:27 AM.
  #29 (permalink)  
Old 11-14-2014, 08:29 AM
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Maybe you need to reread what I posted. Of course you see me reading because as I stated, I try to read your threads, but get turned off. More times than not, I do a quick skim to see if there is any useful information, I do like to learn.

As you just did with me, you do with many, many posters. You get defensive and go on the attack. Not everyone is going to agree with you and some people like to stir the pot. You asked why your post was relocated, I provided my opinion on the matter, as I see it and again you went on the attack. I said nothing negative about you nor your case, just that there is always a lot of bickering.

I fully expect another long rant from you about your case and how other attack you but if you wish to continue debating, you may PM as mods have already asked that you keep your personal debates and bickering to PM.
  #30 (permalink)  
Old 11-14-2014, 08:37 AM
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RE: Bickering. How does I initiate on ODF? Let's take a look.

If we want to talk bashing lets take a look:
__________________________________________________ ___________
SadAndTired:

"A f'ing phone number is not going to administer epinephrine in the case of a forgotten epipen.

If a physician has prescribed it and deemed it necessary, a GOOD parent (in this case Dad) would have it with the child at all times. "

(Inflammatory language .. calling a poster a bad father. But nobody get defensive or stick up for themselves okay? .. Goes both ways is all Im saying).
__________________________________________________ __________

McDreamy:
Stop griping, moaning and get to parenting
__________________________________________________ _____

The way some of these posters talk to people is unbearable at times. Perhaps at least a minute amount of focus should be shifted there for a moment as well. Go through my threads. When comments like these show up .. the thread was sent off course.

Do people not see that?

She's using inflammatory language and calling a parent a bad father in the same sentence.

Last edited by LovingFather32; 11-14-2014 at 08:40 AM.
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