Announcement

Collapse
No announcement yet.

Mother wanted for abduction

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Mother wanted for abduction

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

    Thoughts?

    Why only in some cases does this happen?

  • #2
    You can do the same thing (call police) once you get access rights and your ex doesn't obey them.

    Comment


    • #3
      If I can get my lawyer in court for enforcement clauses.

      Comment


      • #4
        fuck your lawyer - if she turns out to be a dud, do it yourself. You just need the proper wording.

        Comment


        • #5
          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

          Comment


          • #6
            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.

            Comment


            • #7
              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, 09:19 PM.

              Comment


              • #8
                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.

                Comment


                • #9
                  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, 09:26 PM.

                  Comment


                  • #10
                    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.

                    Comment


                    • #11
                      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.

                      Originally posted by LovingFather32 View Post
                      If I can get my lawyer in court for enforcement clauses.

                      Comment


                      • #12
                        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.

                        Comment


                        • #13
                          MommyTime - kindly cite your sources (where you are cut and pasting your statements from).

                          Thank you

                          Comment


                          • #14
                            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.

                            Comment


                            • #15
                              Then you should know plagiarism is a serious academic offence.

                              Comment

                              Our Divorce Forums
                              Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
                              Working...
                              X