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  • RCMP negligent in parental abduction, father claims

    Here is another one...

    RCMP negligent in parental abduction, father claims - British Columbia - CBC News

    I have very little hope he will get anything from case against RCMP. But who knows ...


    Regards,
    WD

  • #2
    He suspects officers bought a story from his ex – without any evidence - that she was an abuse victim. Bride did later claim in an affidavit filed with an Australian court that she had to flee for her safety.
    And once again we see how abductor's duck the eyes of the law by relying on rule 285 of the criminal code which trump other abduction codes.

    All she had to do was feed a sob story. No evidence needed. In fact once she was successful in thwarting our RCMP the Australian authorities found no substance to the allegations.


    Investigating parental abductions for the last 20 years I would say the greater majority of allegations of abuse are more fictitious than they are real," said Davis. "The greater majority are made up stories — so that they can get their way."
    And yet another loving parent loses a child.

    Comment


    • #3
      Originally posted by LovingFather32 View Post
      And once again we see how abductor's duck the eyes of the law by relying on rule 285 of the criminal code which trump other abduction codes.

      All she had to do was feed a sob story. No evidence needed. In fact once she was successful in thwarting our RCMP the Australian authorities found no substance to the allegations.




      And yet another loving parent loses a child.
      Yea
      every time I read this kind of story it gives me chills. I was so close to be one of thouse parents. Thanks got I out of the blue went to that kijiji and saw that she is selling staff and leaving the country... Rest is history and published on CanLii.

      WD

      Comment


      • #4
        Hm.....as usual there is more to the story.

        So did anyone read the Australian court docs?
        https://www.documentcloud.org/docume...sredacted.html

        Turns out they were planning to move back to Australia. They were only in Canada temporarily so the dad could complete his degree. The court decided their intentions were to live in Australia and therefore, the child's habitual residence was Australia.

        Sad but that was their plan. Seems unfair to try to force the mother to stay here when that was never their intention. Would have made more sense for him to do what he planned and go to Australia to be with his daughter.
        Last edited by HappyMomma; 02-17-2015, 10:27 AM.

        Comment


        • #5
          ^^Indeed. And what exactly did he expect the RCMP to do with no custody order in hand? Continue to bar her and the child from boarding? They had already pulled them once.
          Start a discussion, not a fire. Post with kindness.

          Comment


          • #6
            Originally posted by HappyMomma View Post
            Hm.....as usual there is more to the story.

            So did anyone read the Australian court docs?
            https://www.documentcloud.org/docume...sredacted.html

            Turns out they were planning to move back to Australia. They were only in Canada temporarily so the dad could complete his degree. The court decided their intentions were to live in Australia and therefore, the child's habitual residence was Australia.

            Sad but that was their plan. Seems unfair to try to force the mother to stay here when that was never their intention. Would have made more sense for him to do what he planned and go to Australia to be with his daughter.
            What would make more sense is to go to court and get an order that she can leave and not just abduct child. Don't you think ?

            Comment


            • #7
              Originally posted by WorkingDAD View Post
              What would make more sense is to go to court and get an order that she can leave and not just abduct child. Don't you think ?
              Agreed.

              Seems to me, that a child's habitual residence, would actually be the country where that child lived with both parents, up until the point of abduction, not "well, we were *planning* on this together..."

              An international child abduction occurs when a parent, guardian or other person with lawful care of charge of a child removes that child from Canada, or retains that child outside Canada, without either the legal authority or permission of a parent who has full or joint custody rights.
              Seems like child abduction to me.
              What gives the Mom the right to remove child from country, over the right of Dad to ask for child to remain in country?

              Seems like Mom eventually had a good lawyer, and an Australian court, that found every way they could justify why it wasn't abduction.

              Comment


              • #8
                Originally posted by HappyMomma View Post
                Seems unfair to try to force the mother to stay here when that was never their intention. Would have made more sense for him to do what he planned and go to Australia to be with his daughter.
                Yea .. might as well abduct her huh? That solves things.

                Originally posted by mcdreamy View Post
                ^^Indeed. And what exactly did he expect the RCMP to do with no custody order in hand? Continue to bar her and the child from boarding? They had already pulled them once.
                Umm yes. Until mom got the proper paperwork from the courts that's exactly what they should have done.

                Honestly WD .. I can see why you've stopped coming here so much.

                Comment


                • #9
                  I understand it is difficult for you to understand the law. But without a custody order in place, the RCMP have no right to make a decision nor to restrain a parent.

                  And frankly, if one is going to plead that a false status quo created post-separation shouldn’t be relied on to create a permanent custody arrangement, then one certainly shouldn’t attempt to rely on a false status quo pre-separation to argue a permanent custody arrangement.

                  He had his visa application on-going with Australia, they had told their landlords they were renting short-term and refused to sign a one year lease, they had no permanent residence, neither had long-term employment positions (she had none), and neither had any intention of residing in Canada – all of their friends/family knew this 3-some was going to reside in Australia, as even further evidenced by their facebook postings to their friends in Australia. But, hey, maybe she gave him a blowjob.

                  Originally posted by LovingFather32 View Post

                  Honestly WD .. I can see why you've stopped coming here so much.
                  Start a discussion, not a fire. Post with kindness.

                  Comment


                  • #10
                    Originally posted by mcdreamy View Post
                    ... But, hey, maybe she gave him a blowjob...
                    Moderate. Keep your childish zingers against forum members out of your moderating duties please.

                    Comment


                    • #11
                      Originally posted by mcdreamy View Post
                      I understand it is difficult for you to understand the law. But without a custody order in place, the RCMP have no right to make a decision nor to restrain a parent.

                      And frankly, if one is going to plead that a false status quo created post-separation shouldn’t be relied on to create a permanent custody arrangement, then one certainly shouldn’t attempt to rely on a false status quo pre-separation to argue a permanent custody arrangement.

                      He had his visa application on-going with Australia, they had told their landlords they were renting short-term and refused to sign a one year lease, they had no permanent residence, neither had long-term employment positions (she had none), and neither had any intention of residing in Canada – all of their friends/family knew this 3-some was going to reside in Australia, as even further evidenced by their facebook postings to their friends in Australia. But, hey, maybe she gave him a blowjob.


                      it definitely difficult to understand the law for me and a lot of people like me but it doesn't matter what they planned before... After the moment one of the parent did not want to go for whatever reason other parent should not just abduct the child.

                      Why she did not obtain custody order with clause that she can move and instead just decided to run?

                      Comment


                      • #12
                        Originally posted by mcdreamy View Post
                        But, hey, maybe she gave him a blowjob

                        Originally posted by dad2bandm View Post
                        Moderate. Keep your childish zingers against forum members out of your moderating duties please.
                        dadbandm. She can't help herself. I had an opinion.

                        Originally posted by WorkingDAD View Post
                        it definitely difficult to understand the law for me and a lot of people like me but it doesn't matter what they planned before... After the moment one of the parent did not want to go for whatever reason other parent should not just abduct the child.

                        Why she did not obtain custody order with clause that she can move and instead just decided to run?
                        ^^ Seems logical to me. Plans don't always stick. Things happen. That doesn't constitute abduction.

                        Comment


                        • #13
                          Originally posted by WorkingDAD View Post
                          it definitely difficult to understand the law for me and a lot of people like me but it doesn't matter what they planned before... After the moment one of the parent did not want to go for whatever reason other parent should not just abduct the child.

                          Why she did not obtain custody order with clause that she can move and instead just decided to run?
                          I think it does matter what they had planned as a family status quo, just as it matters what my family's status quo is pre-separation.

                          If the parents are presumed to have equal custody, then you’d have to look at the child’s habitual residence to determine where the child should be located. Isn’t that the basis on which we advise people not to leave the mat home, not to leave their school district, etc? - the children would be returned. In this case, they hadn’t created a “habitual residence”, they were living out of suitcases and had all intentions of the habitual residence being in Australia.

                          I don’t understand why he didn’t act when they first separated to obtain an order - he was well aware they were returning to Australia and I can’t imagine he wouldn’t have been successful in obtaining an emergency motion?

                          Of course, the article is about the RCMP and its failure to act without a custody order in hand - and I don’t think he will get to far with this suit. I don’t want our RCMP to have the power to act arbitrarily, and already have concerns about the new security measures being put into place and what those new measures will mean to the average individual.

                          Btw, I wasn’t referring you not understanding the law, WD - you could be teaching people
                          Start a discussion, not a fire. Post with kindness.

                          Comment


                          • #14
                            Originally posted by dad2bandm View Post
                            Moderate. Keep your childish zingers against forum members out of your moderating duties please.
                            Thanks for your concern, D2bm, however I am not contributing to this thread as a moderator, and will continue to post my comments and opinions.
                            Start a discussion, not a fire. Post with kindness.

                            Comment


                            • #15
                              Originally posted by WorkingDAD View Post
                              Yea
                              every time I read this kind of story it gives me chills. I was so close to be one of thouse parents. Thanks got I out of the blue went to that kijiji and saw that she is selling staff and leaving the country... Rest is history and published on CanLii.

                              WD
                              It happens so often that judges are getting wise. The challenge is that the rest of the legal system (law enforcement) need an update. We need a national strategy to protect children from parental abduction.

                              Courts and police need to lay a criminal charge and send an abducting parent to jail as an example. Just a few is all that is needed for the situation to change. We got close with recent case law that I posted.

                              But, parental child abduction is not a game of hand grenades and horseshoes. Close is NOT good enough!

                              Good Luck!
                              Tayken

                              Comment

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