Ottawa Divorce .com Forums


User CP

New posts

Advertising

  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.

Reply
 
LinkBack Thread Tools
  #1 (permalink)  
Old 09-22-2014, 11:05 AM
LovingFather32's Avatar
Senior Member
 
Join Date: Apr 2014
Location: Ottawa
Posts: 4,515
LovingFather32 is an unknown quantity at this point
Default Mother wanted for abduction

Woman wanted for child abduction | Ottawa & Region | News | Ottawa Sun

Thoughts?

Why only in some cases does this happen?
Reply With Quote
  #2 (permalink)  
Old 09-22-2014, 11:08 AM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,842
arabian will become famous soon enough
Default

You can do the same thing (call police) once you get access rights and your ex doesn't obey them.
Reply With Quote
  #3 (permalink)  
Old 09-22-2014, 11:10 AM
LovingFather32's Avatar
Senior Member
 
Join Date: Apr 2014
Location: Ottawa
Posts: 4,515
LovingFather32 is an unknown quantity at this point
Default

If I can get my lawyer in court for enforcement clauses.
Reply With Quote
  #4 (permalink)  
Old 09-22-2014, 11:13 AM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,842
arabian will become famous soon enough
Default

fuck your lawyer - if she turns out to be a dud, do it yourself. You just need the proper wording.
Reply With Quote
  #5 (permalink)  
Old 09-22-2014, 11:33 AM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,842
arabian will become famous soon enough
Default

I posted this on your other thread - note it has a very specific order at the end which can indeed be enforced by police "in whichever jurisdiction the child may be found"
https://www.canlii.org/en/on/onsc/do...WNjZXNzAAAAAAE
Reply With Quote
  #6 (permalink)  
Old 09-24-2014, 09:02 PM
Banned
 
Join Date: Jun 2014
Posts: 155
MommyTime is an unknown quantity at this point
Default

Why in some cases only?

Because it is a part of the Hague Convention in Domestic / International Canadian Law that was incorporated into the Ontario Children's Law Reform Act. Essentially, it is an agreement between participating "states" (governed regions (or most of Canada / USA and others internationally)) that in the event of parental abductions, the children shall be apprehended upon "known or suspected" location, and then returned to their habitual residence. Court sanctions are innumerable for the abductor.

This is a great Act, but not fully by theory.

As in my case, the mere (fabricated) allegation can also pose severe jurisdiction court orders until the matter is fully investigated (OCL, CAS, RCMP, local police).

If a "sour" parent wants to play dirty upon "separation," he / she can abuse the seriousness of the Ontario Children's Law Reform Act to their advantage. I do not condone or suggest that anyone on this forum contemplates such action (it would be a horrific experience for the children, keep them at heart -- not your money / idea of support payment).

Simply by mere allegation, apprehension of the children can take place (even if within the joint residence, I kid you not) and institute a severe legal battle against an innocent party (parent) who never had the intention to abduct at all. This becomes a legal nightmare on the alleged party, and "co-parenting" thereafter is severely compromised due to obvious lack of trust and apparent abuse of the legal system. Does the court provide understanding for the wrongfully alleged party and their emotional turn of trust towards the accuser thereafter? It's a hole in the system. Believe me, I was warned that if I left it would get ugly...

Counter-argument / defence: if an individual has the ability to resort to such measures with underhanded hopes (otherwise near non-existent) of being granted power and control over the children, would that not also define same individual to be in the wrong (and the abusive party)?

Should the unfounded accusation not become a criminal offence just as easily? Should such an individual get away with it because in Family Law, the parties react "emotionally" and are expected to lie and do "stupid things"? What about the children in this scenario? How about the counter-reaction of the accused to the allegations and the various investigations they endured to prove the allegations false? Should those not be considered as well?

And then the investigations are allowed to be "disputed" by law. What does this do to the wrongfully alleged?

Pause and think about how the law is interpreted based on the judge, and whether that judge is a judicial activist vs a positivist / natural judge. Canadian Law is based on a common-law theory, meaning stare decisis is "the law" --> where a judge refers to preceding cases for guidance in deciding their current / future cases. It is not commonplace, despite your personal views of your case, that yours will become "case law" as a precedent to base future cases on. This process is quite difficult. Especially if you are self-represented or on Legal Aid.

To answer the IP, such articles he has posted are written after an Amber Alert.

The courts do not yet have the training to deal with a party that has been "wrongfully alleged" prior to such orders / drastic measures.. And the accusing party can easily get a leg up in family court by simply alleging "fear of parental abduction."

I would say Ontario's Children's Law Reform Act needs to include the Constitutional rights of the wrongfully accused.

Basically, be careful to accuse your co-parent of such action... With support from the general body, this will very soon become law in tort / criminal.
Reply With Quote
  #7 (permalink)  
Old 09-24-2014, 09:14 PM
LovingFather32's Avatar
Senior Member
 
Join Date: Apr 2014
Location: Ottawa
Posts: 4,515
LovingFather32 is an unknown quantity at this point
Default

If a parent unilaterally takes a child from another parent without their consent, when no police were involved, no charges were laid, no abuse against child or history of it, etc. I honestly don't give a crap about all the mumbo jumbo anymore. If the other parent has no clue where his child is and the child is being forcefully hidden. That's abduction and they should be in jail. It's horrific. https://missingkids.ca/app/en/parental_child_abduction

I get its not like that. Just saying .. it should be.

In Canada, the most common form of child abduction is by a parent or guardian. The term “parental child abduction” refers to when one parent takes, detains, or conceals a child from the other parent. It is not uncommon for other family members to assist the abducting parent in removing or concealing the child. A child can be taken for days, months, or years and may not have contact with anyone outside of the abducting parent. In some instances a child may be told that she is just staying over at the abducting parent’s house longer, going for an extended vacation, or in other cases she may be told that the searching parent has been harmed or no longer wants them. Extreme cases may include a child having to take on new identities and travelling from place to place. Regardless of the reason, parental child abductions are harmful and traumatic events that may have lifelong impacts on everyone involved.

Last edited by LovingFather32; 09-24-2014 at 09:19 PM.
Reply With Quote
  #8 (permalink)  
Old 09-24-2014, 09:22 PM
Banned
 
Join Date: Jun 2014
Posts: 155
MommyTime is an unknown quantity at this point
Default

It's horrific for the victim(s) of parental abduction -- while my point is also about the victim that is falsely alleged.

Laws should be in place for both.

No mumble-jumble...

The Constitution protects the rights of all parties, does it not? Nobody should be wrongfully accused of such a serious act, founded innocent by investigation, and yet the family case goes on and on and on... against the alleged for no wrong-doing, but mere emotional reaction of obvious distrust after the fact.

Do you have any idea what it is like for a parent to be ordered supervised access merely for being accused of abducting children?

It's simply wrong, either way.
Reply With Quote
  #9 (permalink)  
Old 09-24-2014, 09:23 PM
LovingFather32's Avatar
Senior Member
 
Join Date: Apr 2014
Location: Ottawa
Posts: 4,515
LovingFather32 is an unknown quantity at this point
Default

Quote:
Originally Posted by MommyTime View Post
It's horrific for the victim(s) of parental abduction -- while my point is also about the victim that is falsely alleged.

Laws should be in place for both.

No mumble-jumble...

The Constitution protects the rights of all parties, does it not? Nobody should be wrongfully accused of such a serious act, founded innocent by investigation, and yet the family case goes on and on and on... against the alleged for no wrong-doing, but mere emotional reaction of obvious distrust after the fact.

Do you have any idea what it is like for a parent to be ordered supervised access merely for being accused of abducting children?

It's simply wrong, either way.
Agreed. Totally. Any false allegations are terrible. Although my ex deserves supervised for having done it.

While this was percolating in my mind .. how does one falsely abduct a child? Do they say "oops .. Im leaving with the child and not telling the other parent .. my mistake". Sorry .. just haven't heard many cases like that.

Last edited by LovingFather32; 09-24-2014 at 09:26 PM.
Reply With Quote
  #10 (permalink)  
Old 09-24-2014, 09:27 PM
Banned
 
Join Date: Jun 2014
Posts: 155
MommyTime is an unknown quantity at this point
Default

Thank you. This nightmare of mine will cause waves in the legal circles because I cannot bare another parent -- mother / father -- to endure what I have. It is my mission.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Have you ever wanted to reconcile? thorns Divorce Support 41 03-22-2013 09:30 AM
Emotional Abuse by Mother rcortiula Parenting Issues 9 03-14-2013 01:15 PM
hiring a sitter gmama Divorce & Family Law 9 04-25-2012 08:12 AM
Mother frustrated with family court Grover Divorce & Family Law 14 11-09-2009 12:30 PM
B.C court bars mother from seeing daughter Kimberley Divorce & Family Law 2 03-11-2009 09:47 AM


All times are GMT -4. The time now is 07:19 AM.