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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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  #11 (permalink)  
Old 09-24-2014, 11:01 PM
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You don't need an enforcement clause if your ex took your kid when it is your time.

If you let them know that you legitimately fear for the safety of your child and feel that the child could be in serious danger, the police will intervene.

This is enough for the police to check on the safety of your child. Regardless of who has custody or not. This is paramount.

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Originally Posted by LovingFather32 View Post
If I can get my lawyer in court for enforcement clauses.
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  #12 (permalink)  
Old 09-24-2014, 11:23 PM
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Quote:
Originally Posted by LovingFather32 View Post
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.
You've edited your poset LF32...

Ummm... No, there is no such thing as a "false abduction" but rather 1) a false premeditated allegation of an abduction; or 2) a full-on abduction. Either way, an abduction or a false allegation of abduction should become equally a criminal offence, and with equal sanctions of wrongdoing against one person to the next, inclusive of against the accuser for their actions against the public's understanding of their civil (parental) rights. In Family Law (private law) it becomes a balance of probability in evidence, but no legal recourse is available for the undue hardship caused on the innocent accused. The balance of probability in evidence is far more difficult for the Respondent in a family case than the Applicant, who may continue to allege to the point of financial exhaustion.

This is not right.

The "victim parent" in either situation faces cruel emotional / physical / psychological / financial TERROR.

Legal Issue:

1) Currently, a legitimate parental abduction is protected by private / public law (family / criminal); but,

2) The party accused of parental abduction is not protected by law, neither in civil (private) law or criminal (public) law. In Family Court (private), this party would be expected to do their utmost to "play nice" with their co-parent, despite the allegations that has compromised / deterred their parental rights. In Criminal Court (public), there is no such thing at the moment. There is Tort Law but that, if proven successfully and with great difficulty, only amounts to a monetary gain.

The accused is suddenly faced with legal hurdles / costs / emotional and physical compromises; none of which should ever have taken place due to the "hole" in the system, and the Positivist View of law.

Positivism = law should accurately express the intent of lawmakers, and they should be interpreted accurately without distorting the language within the law. It should also not be concerned with "moral" content to test its validity.
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Old 09-24-2014, 11:49 PM
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MommyTime - kindly cite your sources (where you are cut and pasting your statements from).

Thank you
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  #14 (permalink)  
Old 09-24-2014, 11:51 PM
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Quote:
Originally Posted by arabian View Post
MommyTime - kindly cite your sources (where you are cut and pasting your statements from).

Thank you
I'm in school learning LAW.
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  #15 (permalink)  
Old 09-24-2014, 11:57 PM
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Then you should know plagiarism is a serious academic offence.
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  #16 (permalink)  
Old 09-25-2014, 12:01 AM
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Quote:
Originally Posted by arabian View Post
Then you should know plagiarism is a serious academic offence.
No plagiarism here. Nothing has been "copied and pasted" but rather interpreted in my own words based on my understanding of Canadian Law THEORY. Thank you.

The school's plagiarism laws have been driven down each student's throat.

But thanks for the "warning." Neither here nor there. Not applicable.
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  #17 (permalink)  
Old 09-25-2014, 12:03 AM
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I have merely incorporated what I have "learned in school" based on my "OWN EXPERIENCE" in family / criminal law (private vs public law and their principles).

Thought to share. Problem with that?
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  #18 (permalink)  
Old 09-25-2014, 12:06 AM
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It's beneficial for viewers of this forum to know where you get your information so that if they want more in-depth information, on part of what you are posting, they know where to access it.

We also don't want to mislead readers into thinking we are experts do we?
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  #19 (permalink)  
Old 09-25-2014, 12:12 AM
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I am not an exert, I will be clear. I am a PROACTIVE STUDENT within my own case.

For "sources" imposed on me to SUPPORT my statements, see below for a basic structure of Canadian Law:

http://en.jurispedia.org/index.php/B...gal_system_(ca)

Incidentally, I have not come across such demand to "prove" a view here on this forum. Any of the terms I have highlighted above in BOLD, UNDERLINE, or in ITALICS -- or ALL -- can easily be Googled by even the very basic internet (non) savvy individual.
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  #20 (permalink)  
Old 09-25-2014, 12:19 AM
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If you want strict e-laws in Ontario: http://www.e-laws.gov.on.ca/navigation?file=home
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