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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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  #21 (permalink)  
Old 06-22-2006, 07:21 PM
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From what I read into the case, is that the person is emotionally devastated due as a result of the infidelity of the husband, and hence unable to work.

I agree divorce can be stressful to both parties. Most people get over it and move on.

I wonder if there was children involved; Would this same parent be seen capable to look after a child in light of of all the emotional problems that they apparently suffer from.

lv
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Old 06-23-2006, 08:22 AM
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Did anyone catch on TV her academy award winning address to the SCC. As others have stated, apparantly about a 100 things affected this woman emotionally over the past years (death of a relative, etc., etc). Which begs to me ask two questions:

1) If she brought up all this other emotional baggage, why is the single affair incident the only driving factor in her continuing support.

2) Was there a physcological assessment of her? Or is it basically her self-assessment and history of emotional turmoil alone enough to prove her case?

These kinds of decisions simply put more ammunition in the gun pointed at the payor's head. "If you don't pay me $1500 per month support for 10 years, I'll claim emotional blackmail and ask for $2000 for life". Now, the recipient may not get away with it.... or maybe they will. Just one more thing to litigate against.

Yup... my head still hurts.
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Old 06-23-2006, 09:17 AM
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What I find interesting is the various editorials on this ruling. If you aren't inclined to search Google News, click on this link and read the editorials:

http://divorcefocus.com/e107_plugins...eed.php?show.8

It seems to me that there appears to be a lot of confusion over this ruling. One thing that also bothers me about the ruling is that it de-emphasizes the review mechanisms for spousal support.

I have read, re-read, re-re-re-read the decision and I am still completely baffled as to how anyone, male or female can win a case claiming disability at the Supreme Court of Canada without any medical evidence to support the claim. I am confused about the fact that there appears to be no explanation of the difference between "misconduct" and "emotional trauma resulting from the misconduct".

So it beats the hell out of me how they came to this decision. Lawyers I have talked to are basically saying the same thing.

Last edited by Divorcemanagement; 06-23-2006 at 09:51 AM.
  #24 (permalink)  
Old 06-23-2006, 11:13 AM
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Quote:
Originally Posted by logicalvelocity
I wonder if there was children involved; Would this same parent be seen capable to look after a child in light of of all the emotional problems that they apparently suffer from.lv
Yes, there were children involved. One from this union, plus another two from the mother's previous relationship. She retained custody.

"I. Facts
4 The parties were married in 1978. They had one daughter who has a child. Both the daughter and the grandchild reside with the respondent wife, who is currently 59 years old. She and the appellant husband, who is about ten years younger, met while both were working at the Toronto-Dominion Bank. The respondent had two children from her first marriage. The appellant helped to raise them...."

Funny to me how someone so emotionally devastated can raise a child well enough that the child then choses the devastated person as a caregiver for the grandchild. At least that's the impression I got from the case. Didn't imply the daughter resided w/the mother due to the mother's inability to care for herself... which I'm sure would have been mentioned as proof of ongoing disability were that the case.

Lindsay,
Thanks for your understanding comments. Unfortunately, my ex is adept at unsuccessfully finding employment despite provable "effort". I've lived through 13 years of it, and he even had me snowed for a good while. I have spoken to a lawyer. I know I can legally have him removed from the house. But who wants to do that when they need to have amicable discussions in the future regarding the children? Then there's the whole domestic incident = automatic reporting to CAS side of the coin. Compounded by his threat he'll suicide before ever going back to jail. It's not pretty. He knows I don't want to go down any of those roads so won't call the police unless we're in immenent danger, and he's using it against me.

But I can't take much more. I'm sleep deprived to the point I sliced my finger to the bone while making lunches this morning. No focus. Worst case, I'll send the girls to my parents house after the school year is over so they aren't around to see the fallout of their dad being forced to leave. But I still hope for a peaceful departure. I wonder how my saga is perceived by all the decentdads out there!

Thanks for the informative link, Divorcemanagement.
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Old 06-24-2006, 08:04 AM
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To me, it simply reconfirms the complete lack of credibility in the Divorce Laws and the judges who rule over them.

Shame on the SCC.

Let's examine a parallel situation. My mother, who never worked for a bank, never had a career, etc. She was the typical 1950's stay-at-home mom. When my father passed my mom was in her 60's. Survived two rounds of cancer, several family deaths (including her husband), was left with no insurance, and some savings and equity. Yet SHE can find a job and is thriving and is self-sufficient.

The laws for support are there to help people like my mom. Or like EI to bridge a rough time. Now it is just one big system to be milked. And you better believe that all these money-related SCC decisions directly affect settlement offers regarding custody and access.
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