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Police called - what rights does my son have?

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  • I just got a call from the CAS of Ontario. They have to follow up on the police visit and subsequent report. Nice chat. At 16 he can live where he wants. So age does matter. The agent/case worker also told me that at this point no respectable judge would go against the wishes of a 14 yr old. The case worker was not showing any bias I could detect in any way but just volunteered the comment. Remember their priority is the child's welfare. They will not be pursuing anything but did encourage counselling
    A government agency which if ANYTHING would be accused of be bias towards mothers has said that no "self-respecting" judge would do anything however people insist that:

    ex does complain and Harrold gets in trouble.
    People insist that children should have no say but JUDGES and Professionals disagree with you.

    People say yes they system has problems but if you are critical of it then somehow it is because there is a problem with you?

    They days of moms like Rockscan's destroying their children's relationships with their fathers is coming to a close and it is through the fathers that don't give up, support their children, and stand up in the face of the tyranny.

    There is now caselaw for PA, it doesn't happen everyday but kids who refuse to see a parent for no good reason (i.e: abuse) will be obliged to see that parent at least periodically.

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    • Yes make a motion and do it legally. If you can afford it fine, if you cant do it your self. If you cant do it your self then let the system play itself out and you will have the same outcome and it's easier.
      Police will never place this man in Jail for an extra night or 2, they will never haul that boy out the home by force and jam him in the mothers door. I don't understand how you can believe that.
      If the mother accuses assault he's in jail, some kind of serious abuse, he,s on restraining orders and more CAS.

      Now I understand he has passed most of these scenarios so my advise stands firm and I agree he is in a very good position now and he will certainly be in a better one soon and ex will start paying support whicth will create an even bigger more spiteful fight from her and if she hires the right lawyer she can make the fight last as long as there's money to pay or one concedes. My advice is purley angled at the biggest bang for the least amount of interruption to his life.

      Comment


      • Police called - what rights does my son have?

        The sad part in my childhood was that we had no idea about the systems in place and didnt want to end up in foster care. My father was incapable of taking us in and raising us which my mother knew. She has a mental illness which compounded the problem. All in all it was a very sad situation but we all survived.

        In Harolds case there are two perfectly capable parents who are able to raise this child. Unfortunately one parent is making it difficult for the child to live a life free of drama. That doesnt make it right to just disregard a court order. Theres other issues you need to consider here. What happens if you stop paying her cs because kid has decided to come to your place? She can come after you for that money down the line and it will come out you didnt amend the order. What happens when she decides to slap you with a contempt order and the judge sides with her because you had a chance to rectify and you refused? Your ex is a miserable bitter dejected unreasonable person and the unstable ones are the ones to watch out for. You may think because a judge will say hes 14 he has a say everything is ok but remember the judge could do that AND still punish both you and your ex for being unreasonable and unlawful.

        So keep all that in mind. Is it worth the risk? To me its not.

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        • It's amazing how you can almost perdict the back story from the people with extreme negative views towards law, courts, lawyers, judges, police, cas, ocl,...

          Some start with good intentions. Wanting the children to live with siblings, moving away for better employment, didn't take ex to court because I was hoping we would work it out. Or ex was out to get me so I took off... When these same people decide to be apart of their children's lives again, they say how could the system not let a parent be with their child. Lawyers just took my money.. Judge was biased... Cas wouldn't do anything... Court system sucks..

          ...Perhaps they're just following your lead and letting the other parent parent
          I would have maybe agreed with you before I went through the family law system but I can assure you it is not a fair system in anyway.

          Comment


          • Originally posted by OntarioDaddy View Post
            Any chance you belong to one of those groups I mentioned?
            No, your theory flopped, try again.

            Comment


            • Originally posted by OntarioDaddy View Post
              I didn't realize in Quebec, fathers are simply kicked out of the house and given a few hours access to their kids for no other reason than their manhood.

              I'm starting to see how the system's biased now.
              You are joking but a big negative about Qc is that by default one of the parents will get kicked out of the house as soon as the other one files and asks the judge for exclusive possession of the home. The SAHM gets possession you get kicked out since you have nowhere to stay you only get your kids for a few hours in the meanwhile you basically give your entire pay cheque to your ex wife and you live off the charity of others. I got 48hrs notice so I wouldn't interfere with my ex wifes sexting for too long. This lasts about 14 months in my case and honestly that wasn't the worst part of it
              Last edited by Links17; 06-19-2015, 07:12 PM.

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              • I don,t think anyone here has suggested not to have this court order changed. I totally suggest to change it, I am all for court, its just the costs and the time. When I suggest to let the system play itself out I totally expect an order and would bet on it going Harrold's way. Just there are 2 ways to go through the system. Force your way through or be dragged through.
                All who believe there will be consequences for the PA, or the breach of order in this case with the info we have to work with are niave. For 1 case you can show this there must be countless that do not.
                That,s all I,m saying, I know my ex got away with murder. You simply could not punish her without punishing the children so, no costs, not with our money, no jail time. Nothing.
                Links was thrown out by sounds like a very harsh cold cookie cutter order. Here in Ontario it only happens just by way of cookie cutting Restraining Order, fast and efficient, and women will most always have one, you know what I mean, you all know. Playing dirty will reward you the most, playing fairly may reward you quite fair, knowing your enemy will help you to achieve your goals regardless of the path you choose.
                Last edited by Franklin; 06-19-2015, 11:13 PM.

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                • I think that the question posed was very valid, considering the uncharted waters I was getting into at the time. I was freaked out a bit with police at the door etc.

                  There does seem to be an obvious change however as I understand it now, a legal change as children reach 14, 15 and ultimately 16 with the power to emancipate.

                  For others in my situation, that is a situation where the legal system has been used in what can be described as an unjust way, manipulated in a way that is not always in the best interest of the child, (Yes don't have blind faith that the legal system will be fair.) have heart in the fact that things can swing back eventually as the children have more power and play a bigger role in the equation.

                  It may or may not result in court action but likely not when the child is telling the OP that is what they want. At younger ages unfortunately you are at the mercy of the legal system and hopefully things turn out fair for you.

                  I'll wait a year and then go to court to make it official, self rep'd if I can't afford the legal fees. BTW: If the OP does not try to do something legally right away they look very bad in court and that weakens their case.

                  I have a feeling that the posters advising to litigate first are the ones who can relate more to my ex in this situation? In other words you are happy with the status quo

                  My situation involves trying to change the status quo (Yes the one now in an Order). It's not so simple to just go to court and ask to have the status quo changed. Especially when you are up against a good lawyer.

                  I appreciate all the posts and by the way could not care less about any of your spelling mistakes.

                  Comment

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