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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 01-21-2014, 10:55 AM
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FWB - then watch your comments. Making a statement like you did opens yourself up to responses such as mine.

You are a slippery devil aren't you? You like to make comments that you know will upset people. Why can't you simply contribute in a normal, respectful manner? Dissing our country as being uncivilized is simply wrong and unpatriotic and I hope you discontinue doing this. The topic of this thread is not Australia nor has Links posted on it.

Perhaps a course in reading comprehension would help?
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Old 01-21-2014, 10:57 AM
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There are already sanctions in place in the way of cost rewards. I hear many forums members have had little success collecting on them. In the worst case, the person with the order against them can file for bankruptcy to escape them.

For normal, rational people these things can act as a deterrent. But for those HCP who live their lives just to continue the drama (eg WD's former spouse) no amount of cost awards bring an end to the drama, hysteria and litigation.
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Old 01-21-2014, 10:57 AM
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Quote:
Originally Posted by arabian View Post
I particularly concur with "The ground-breaking report also recommends the imposition of painful cost awards against litigants who behave badly or impede settlements" (Makin, K., Report to Supreme Court justice, calls for family overhaul, Globe and Mail, Mar 27, 2013).

I know that in many cases we hear about repetitive adjournments and refusal to provide full financial disclosure. I wonder if this imposition of penalty would finally give people the impetus to be compensated without having to go through the procedure of contempt?
At the very least it would hopefully encourage faster settlement - in other words those litigants deliberately stretching things out would be held accountable for impeding the process.
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Old 01-21-2014, 11:00 AM
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Originally Posted by FWB View Post
Doesn't matter if some people came here in the 1800s, 1900s or 2000...we are all visitors in this country called Canada.

I am a citizen of Canada and I was born in Canada and I choose to stay in Canada. I am not a "visitor."
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Old 01-21-2014, 11:01 AM
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Dissing our country as being uncivilized is simply wrong and unpatriotic and I hope you discontinue doing this.
Dissing "our country"...like serious Arabian, are you NATIVE then?

I am Canadian, and those were just my personal opinions about the country that am entitled to as a citizen. What part of this can't you comprehend?

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You are a slippery devil aren't you?
Name calling is not cool

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Dissing our country as being uncivilized is simply wrong and unpatriotic
I guess it doesn't get any more "unpatriotic" as me serving this country and putting my life on the line eh?

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The topic of this thread is not Australia nor has Links posted on it.
You claim to know ever post that Links17 has posted now? Wow
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Old 01-21-2014, 11:04 AM
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FWB - go to another thread please. No one wants to read your prattle. Come to think of it - don't you have a job to do? (paid for by the citizenry of this uncivilized country?).
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Old 01-21-2014, 11:06 AM
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Hey I bet that perv in the airforce also said he "put his life on the line" for his country too didn't he? Russel (can't remember his name).

Lets agree to disagree FWB. Now go to work (or another thread) like a good boy ok?
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Old 01-21-2014, 11:08 AM
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Quote:
Originally Posted by Janibel View Post
Quote:
Originally Posted by arabian View Post
I particularly concur with "The ground-breaking report also recommends the imposition of painful cost awards against litigants who behave badly or impede settlements" (Makin, K., Report to Supreme Court justice, calls for family overhaul, Globe and Mail, Mar 27, 2013).

I know that in many cases we hear about repetitive adjournments and refusal to provide full financial disclosure. I wonder if this imposition of penalty would finally give people the impetus to be compensated without having to go through the procedure of contempt?
At the very least it would hopefully encourage faster settlement - in other words those litigants deliberately stretching things out would be held accountable for impeding the process.
Don't we already have that now? Nothing in that brief article suggests a better way to do it. To overhaul financial disclosure, for example, a court would have to make it a regular thing to order financial institutions and employers to do disclosure directly, if a litigant is refusing or delaying. How hard can it be to order a credit check, which would reveal a whole lot more than some exes do?

I would love to see the child custody default be 50-50 though, and if one parent wanted otherwise, they would have to prove it was in the children's best interests. Child support should also be more of a sliding scale (both parents contribute their table amounts, and receive a portion back proportional to their access, scaling every 10% or something) so that there wasn't a crazy jump to be fought over at the 40% mark.

ETA: Further thoughts

I suppose it could be very helpful to have costs done at each step of the way, and not all at the end once a winner/loser have been determined. We came together today to deal with this matter, however party B has still not provided the disclosure required? Today's costs are payable immediately to the party that came prepared.

Last edited by Rioe; 01-21-2014 at 11:15 AM. Reason: further thoughts
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Old 01-21-2014, 11:25 AM
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I think your idea of costs is an excellent one Rioe. By doing that the legal costs might be more accurately weighed by the client.
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Old 01-21-2014, 11:25 AM
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To overhaul financial disclosure, for example, a court would have to make it a regular thing to order financial institutions and employers to do disclosure directly, if a litigant is refusing or delaying. How hard can it be to order a credit check, which would reveal a whole lot more than some exes do?
I think there needs to be more serious penalties for lack of disclosure or stalling of disclosure. It causes massive delays in the process for a plethora of litigants both during and after divorce finalization. There's easily 10 posts a month on just this site for people having this issue and more if you consider how many litigants post their divorce decree are trying to get yearly NOAs.

Personally, I think there should either be an automatic cost penalty assessed or in more complicated cases, (potentially court appointed) forensic accountants assigned at the stalling litigants expense.

I think this would make great strides in improving some of the backup in the family law system.

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I suppose it could be very helpful to have costs done at each step of the way, and not all at the end once a winner/loser have been determined.
My ex was assessed costs at a number of motions, one at a time. How would you assess costs one step at a time during trial?
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