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  • Originally posted by slughead10 View Post
    so does this mean it used to be biased but is getting better everyday?
    To put my opinion in simple terms:

    If you want to "change" the system your best method of doing this is carrying your case forward, rely on cogent and relevant evidence, evolving case law, maintain balance in your argument and bring a ground breaking decision (like WorkingDad) that other parents can rely upon to improve the system of law.

    Bitching on a web-form really doesn't archive this in my opinion.

    Comment


    • Originally posted by Tayken View Post
      To put my opinion in simple terms:

      If you want to "change" the system your best method of doing this is carrying your case forward, rely on cogent and relevant evidence, evolving case law, maintain balance in your argument and bring a ground breaking decision (like WorkingDad) that other parents can rely upon to improve the system of law.

      Bitching on a web-form really doesn't archive this in my opinion.
      I want to add something too....

      I do not want anyone think that I did not have to deal with bias and all "good" things what come with Family Court. I do not recall that at least ones I was told by someone related to court system that I have any chances to get what I asked (50/50 custody & access) especially after OCL recommendations.

      Am I happy with a "system"? - of course no. In my view good system should not allow this to happened in first place (especially considering the fact that we are heading to the possible second trial not even a year after second one)

      Could it be much worse? - sure it can.

      Yes I was very upset and demoralized that I have to prove that I am not a monkey and fight against thous lies brought forward by mom. I took me a long time to just accept the fact it actually happening in Canada (as it was not why I came here).

      But I just did not have a choice. That was easier for me to accept that I did all I can and lost than say "why bother I will not be able to do anything anyway".

      I have little hope (and that was one of the reasons why I went all out) that if my little guy will have to deal with family court in future system will be better and my fight for his future added 0.001 to make it better.

      WD

      Comment


      • Originally posted by WorkingDAD View Post
        I want to add something too....

        I do not want anyone think that I did not have to deal with bias and all "good" things what come with Family Court. I do not recall that at least ones I was told by someone related to court system that I have any chances to get what I asked (50/50 custody & access) especially after OCL recommendations.

        Am I happy with a "system"? - of course no. In my view good system should not allow this to happened in first place (especially considering the fact that we are heading to the possible second trial not even a year after second one)

        Could it be much worse? - sure it can.
        Understanding the system versus "complaining" about it was the key element.

        Originally posted by WorkingDAD View Post
        Yes I was very upset and demoralized that I have to prove that I am not a monkey and fight against thous lies brought forward by mom. I took me a long time to just accept the fact it actually happening in Canada (as it was not why I came here).
        But, it didn't happen. But as you state:

        Originally posted by WorkingDAD View Post
        But I just did not have a choice. That was easier for me to accept that I did all I can and lost than say "why bother I will not be able to do anything anyway".

        I have little hope (and that was one of the reasons why I went all out) that if my little guy will have to deal with family court in future system will be better and my fight for his future added 0.001 to make it better.

        WD
        Modest saying it is 0.001.

        1. Reported case.
        2. Articled case.
        3. Reflexed now by other cases.
        4. Often sighted.

        With everything comes hard work. Those willing to invest into the work will see the reward of their efforts. *That* should be the reason people come to Canada... Because with effort they can make a difference.

        Thank-you for making a difference.

        Good Luck!
        Tayken

        Comment


        • I have sat in Superior Court on a number of occasions and the judge has told my ex that he doesnt award joint custody to parents who cannot get along at all. There are many instances that this happens. Please try and remember we all live in different places. This has been said in court in Ontario Canada. Best advice for people coming to this site looking for the answers is get a Lawyer, and find out the laws. I have read so much advice people have given on this site and it has been false information. Only thing people should ask themselves when any decision is being made about a child is, is it in the childs best interest? Take yourself and your needs out of it. Its about the child..

          Comment


          • Originally posted by thorns View Post
            I have sat in Superior Court on a number of occasions and the judge has told my ex that he doesnt award joint custody to parents who cannot get along at all. There are many instances that this happens. Please try and remember we all live in different places. This has been said in court in Ontario Canada. Best advice for people coming to this site looking for the answers is get a Lawyer, and find out the laws. I have read so much advice people have given on this site and it has been false information. Only thing people should ask themselves when any decision is being made about a child is, is it in the childs best interest? Take yourself and your needs out of it. Its about the child..
            Yea
            I have been told that many many times too. Guess what ? I did not beliave them that some can create conflict and then use it to get custody. Judge did not beliave it too....

            Comment


            • Originally posted by thorns View Post
              I have sat in Superior Court on a number of occasions and the judge has told my ex that he doesnt award joint custody to parents who cannot get along at all. There are many instances that this happens. Please try and remember we all live in different places. This has been said in court in Ontario Canada. Best advice for people coming to this site looking for the answers is get a Lawyer, and find out the laws. I have read so much advice people have given on this site and it has been false information. Only thing people should ask themselves when any decision is being made about a child is, is it in the childs best interest? Take yourself and your needs out of it. Its about the child..
              1. Then sight back to the judge the court of appeals opinions regarding the judge's bias in that matter. VK v. TS covers that "bias" you speak of. The solution to the judges clear bias is parallel parenting.

              2. You can leverage superior court decisions across all jurisdictions so Uric v. Uric and all the case law that evolved from the Ontario decision from the superior court can be applied across jurisdictions. Reason being is that in the superior court the Divorce Act and best interest rules are the common denominator.

              3. You answered your problem. It all boils down to the best interests tests and case law is the best place to frame the argument from. That is why we have it in Canada and the decisions are posted publicly.

              4. Address the "false information". Cite it... And case law counter to your argument can be presented and solutions to addressing the "bias" which are addressed in case law can be provided.

              Good Luck!
              Tayken

              Comment


              • Originally posted by WorkingDAD View Post
                Yea
                I have been told that many many times too. Guess what ? I did not beliave them that some can create conflict and then use it to get custody. Judge did not beliave it too....
                In fact, the court of appeals agrees with that and if a judge makes a decision on the bias it could lead to an easy appeal based on existing case law. It could be an error in judgement if they moved and decided on the "bias" because you can present so much case law to demonstrate:

                1. The bias is not in the child's best interests.
                2. There are alternative solutions today that have been court ordered hundreds of times (parallel parenting).
                3. You can rely on case law to present the case.

                Good Luck!
                Tayken

                Comment


                • Originally posted by slughead10 View Post
                  my court file is very thin....i received what i believe is called summary judgement.
                  Summary Judgment in Family Law | PSW Law

                  In bringing a summary judgment motion in family law in Ontario, the party making the motion must set out specific facts of the case showing that there is no genuine issue requiring a trial.

                  On the other hand, in response to a summary judgment motion, the responding party may not rest on mere allegations or denials, but must set out specific facts showing that there is a genuine issue for trial.

                  In determining whether there is a genuine issue for trial, the question becomes whether the evidence presented is sufficient to require a trial. For example, a genuine issue for trial may refer to whether there is an issue of credibility or whether the material facts are in dispute.

                  Comment


                  • Originally posted by slughead10 View Post
                    does this mean my material was ok?
                    Dunno. It is just an article on what a summary judgement is. Read the article and you have to be the judge of that yourself. Considering you feel you were wronged some how and it came out on a summary judgement one can only assume as to what happened.

                    Court file number and a better review of your materials for which a summary judgement was made on is the only way anyone could comment on your file.

                    Still waiting for the court file number...

                    More on "Summary Judgement" from this forum:

                    http://www.ottawadivorce.com/forum/f...-judgment-773/

                    Good Luck!
                    Tayken
                    Last edited by Tayken; 07-22-2012, 11:13 PM.

                    Comment


                    • Originally posted by Tayken View Post
                      Dunno. It is just an article on what a summary judgement is. Read the article and you have to be the judge of that yourself. Considering you feel you were wronged some how and it came out on a summary judgement one can only assume as to what happened.

                      Court file number and a better review of your materials for which a summary judgement was made on is the only way anyone could comment on your file.

                      Still waiting for the court file number...

                      More on "Summary Judgement" from this forum:

                      http://www.ottawadivorce.com/forum/f...-judgment-773/

                      Good Luck!
                      Tayken
                      this is what I have a problem with. People who say that they got this and that after a trial or whatever (remember that grandmother who seemed to be getting thru the system within days?) but wont provide a file number to so people can look at what happened. If I won a big decision or want to back up what I am saying I would have no issue providing it. Once they refuse to provide it or keep ignoring the request I start to doubt what they say.

                      Comment


                      • Originally posted by slughead10 View Post
                        im in ban us both.....especially since i use bad words......

                        my lawyer is on holiday till end of august and i will provide my file number then all of you can read the whole sad story of how the evil slug ended up with custody of my 4 kids.


                        the only beef i have with the system are its bias toward females and the high cost of lawyers.

                        i did take the justices advice and drop the mater of cs and saved my money and his time.



                        you can present all the arguments you want the system is biased, maybe it is slowly changing but that is not happening quickly enough. i still hear the way the staff that administer our system carry on and they are part of the problem too.


                        its going to take a generation to change the way people think and women's groups are going to fight the whole way to protect their turf...and use government funding to do it......
                        I really have hard time to understand how someone can not have (I am not even say to remember) their file number (I knew it even before I had lawyer when I was served with application). File number exists on each form which goes to continuing record... every affidavit etc.

                        WD

                        Comment


                        • Originally posted by slughead10 View Post
                          i did read your case and it is very interesting.....now ask yourself this if the situation was reversed would your ex have had to put up the fight you did?

                          that is biased........
                          did I said it's not ? ...

                          Comment


                          • Originally posted by slughead10 View Post
                            the only beef i have with the system are its bias toward females and the high cost of lawyers.
                            I only agree with the high price of lawyers.... it's insane what this group charges!!!

                            Originally posted by slughead10 View Post
                            ...you can present all the arguments you want the system is biased, maybe it is slowly changing but that is not happening quickly enough. i still hear the way the staff that administer our system carry on and they are part of the problem too.
                            and those who roll over and die are doing nothing to speed up the process of change ***note*** i am NOT implying you specifically slug!! Change unto itself is a slow process, people get comfortable and set in their ways....

                            Originally posted by slughead10 View Post
                            its going to take a generation to change the way people think and women's groups are going to fight the whole way to protect their turf...and use government funding to do it......
                            I disagree about the women's groups comment.... some women's groups that I am a part of are also advocating for these changes. We recognize that dad's are just as important in our children's lives and need to step up to the plate and actually be more than EOW dads!! Just among my own social circles, I hear a lot of mom's (myself included) who say we would love a 50/50 arrangement but *he* won't take anything more than EOW!! I have no idea why, but that's just the way it is......

                            Yes, change is slow..... There is only "bias" to those who perpetuate it. Those (like WD) who are standing up and saying no to the "old" status quo are the ones who are MAKING the changes in the system. Those like Resourceful ((just based on his prior posts)) are not contributing any value to the system and appear to be the ones who are just rolling over..... Like I teach my children, "you get what you fight for"

                            Comment


                            • Originally posted by slughead10 View Post
                              im in ban us both.....especially since i use bad words......
                              Censorship is what they are requesting slughead10.

                              Originally posted by slughead10 View Post
                              my lawyer is on holiday till end of august and i will provide my file number then all of you can read the whole sad story of how the evil slug ended up with custody of my 4 kids.
                              I recall you said your file is small. I would assume you have copies of it on your person somewhere. Court file numbers are on all the documentation including your summary judgement you claim to have gotten.

                              Also, if you did obtain custody and access on a summary judgement this is a huge president which should be posted to CanLII. There are very few postings in CanLII regarding custody and access and summary judgements. It would also be one of the first in a custody and access dispute.

                              Originally posted by slughead10 View Post
                              the only beef i have with the system are its bias toward females and the high cost of lawyers.
                              Interesting you state this but, have custody of your 4 children apparently...

                              Originally posted by slughead10 View Post
                              i did take the justices advice and drop the mater of cs and saved my money and his time.
                              More people need to walk away from petty arguments before the court. Especially when recommended at a Conference by a judge.

                              Originally posted by slughead10 View Post
                              you can present all the arguments you want the system is biased, maybe it is slowly changing but that is not happening quickly enough. i still hear the way the staff that administer our system carry on and they are part of the problem too.
                              With all systems of government and law progress is slow. It may not change at the rapid pace you want it to but, there are reasons it takes time. There are a lot of systemic problems in Family Law. The whole system needs change but, in my opinion it needs more alignment to the health care system and not more "law". (I have expressed this in numerous threads.)

                              Originally posted by slughead10 View Post
                              its going to take a generation to change the way people think and women's groups are going to fight the whole way to protect their turf...and use government funding to do it......
                              It took generations to change the concept of law that children were the property of the father and chattels.

                              Good Luck!
                              Tayken

                              Comment


                              • Originally posted by slughead10 View Post
                                i am not a lawyer but i did not get summary judgement? it might be something else...i will ask
                                It sounds like you got an uncontested judgement and not a summary judgement. Someone has to put forward a motion and request a summary judgement.

                                Reason being... The other party didn't show up but, a lawyer did. After two years of nothing something had to be done. Depending on the path taken before the court it could very well be an uncontested judgement in the matter.

                                Hard to say without court file number.

                                Comment

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