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  • #16
    Originally posted by NBDad View Post
    Lol. When one has to defend against 6?7?8? Bloody hell I've finally lost count of these kinds of thing, you pick up a few tricks vis a vis proper process that will make cas do more than raise an eyebrow.

    Got served papers yesterday, so back to court I go. Kind of sad that I get served yesterday, and less than 24 hours later have a 30 page affidavit response with supporting exhibit evidence prepped, sworn in, and off being served by registered mail before lunchtime.

    I'm going to pro se this one. I have more than enough evidence to effectively bury the ex for the next several lifetimes, and this should be relatively uncomplicated.
    Sounds like a Summary Judgement may be in order...

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    • #17
      Hmmmm *very* interesting....I wonder if I could pull it off. Case conference is next week, so I will look further into this. You have any decent links man? Specific to NB if possible. Found some already and will have to research .

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      • #18
        Originally posted by NBDad View Post
        Hmmmm *very* interesting....I wonder if I could pull it off. Case conference is next week, so I will look further into this. You have any decent links man? Specific to NB if possible. Found some already and will have to research .
        Researching it now... It all depends on the evidence you are presenting. Based on what you have been discussing for a while on this site... I really think you could do it. Pulling the jurisprudence in NB now on how summary judgments are presented there. I don't think it would be too different but, using inter-jurisdictional jurisprudence is tricky... I do notice that NB and NS decisions often cite Ontario...

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        • #19
          From what I am reading, I have to prove that her claims are without merit with such overwhelming evidence as to leave no doubt as to what direction the court would go.

          They've presented no evidence other than her affidavit, and filed a normal motion rather than a motion to change. Given mine is a final divorce order, he's doing it funny.

          As long as its done before the matter is set for trial I can file. I noticed that withNB as well, may have something to do with is using the federal cs tables rather than our own. It falls under rule 22, seems to be very very similar to rule 20 in Ontario.

          Interesting stuff, got its own risks, but not terribly so.

          Let me know if you find anything.

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          • #20
            Originally posted by Tayken View Post
            CAS is blitzing the advertising on TV with the following:

            Kids say… - listening to kids can help spot abuse

            As this thread contains an allegation of abuse against a child I recommend that the proper authorities and agencies become engaged to resolve this matter.
            ^ What he said ^

            Originally posted by NBDad View Post
            Proper process:

            If the kid returns with cuts/bruises/etc that he says are from your ex, you take him to emergency/walk-in...that second.

            Then you call the police and the cas after hours, in that order.

            Then you get the kid to a counsellor. The doc is legally obligated by his professional governing body to report abuse, and it looks tons better coming from a neutral mandatory reporter.

            I've fielded 4 separate false abuse allegations in the last year because my ex doesn't like the word no. Right way and wrong way to handle this. I've told you the right way.
            ^ read it again for good measure, then follow through. ^

            If my kid showed up here with cut lip on two seperate occasions, you would do well to believe a call to 911 would be imminent.

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            • #21
              Don't call 911. All the local departments have a dispatch number you can call instead for non emergency situations. Use that instead. 911 is for emergencies, if the child is back in your care, its not an emergency.

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              • #22
                Originally posted by iceberg View Post
                Can you file a motion to have a child assesed by a therapist or counselor?
                Yes, you can request that upon failure to gain consent to medical treatment request a court make an order. But, this is the most adversarial and horrible way to have to do this.

                As it is well known that your child is currently under care for a major medical condition your better path would be to request of the health care provider that the medical team recommend therapy.

                Also, it is common that at a major treatment centre for the medical condition you have discussed that the clinical team providing treatment has mental health staff to assist the children. I am personally perplexed why the medical staff have not already engaged the services of the on-staff mental health workers in the facility treating your child and at minimum to assist her in addressing the very challenging problem she faces with her current medical issues.

                Furthermore, it is also perplexing as I don't doubt that the conflict you often expose on this public forum must be impacting the delivery of medical services to the child in question. This kind of conflict, no matter who is at fault, is not healthy for any child in my honest opinion and especially a child diagnosed with a medical condition you have described!

                Again, as I have suggested in the past there are services at the medical facility treating your daughter. You are not restrained from discussing the child in question's medical condition (acute, physical and mental health) with the practitioners of medicine whom are within her circle of care.

                I would recommend, as the child in question is already under treatment that you talk to the clinicians closest to her and delivering treatment and explore the opportunities available directly at the facilities.

                If the practitioners of medicine and facility do not have child services in this area of medicine (mental health) that are competent in assisting in the matter you should request a referral to SickKids Hospital who do have these services.

                Again, you have to gain consent from the other parent to do so but, the medical staff at the treating facility can request the consent and provide insight to the other parent as to why a recommendation for a mental health worker to become involved.

                I am very concerned for the child in question's health and well being. Stress, especially when being treated for the medical condition you have disclosed, can have an incredibly negative impact on the progress of treatment.

                Furthermore, more than anything, I am of the opinion that parents, either living together and/or apart when having to deal with situations in their child's life such as you have described should be required to seek therapy as well. BOTH parents and even extended family members. Parents, as much as children, need to insure that their medical needs (mental, pyshical) are being met because they are the rock for which the child depends on in situations like this. If parents are not healthy (physically, mentally) the transference of anxiety to the child can be in my honest opinion detrimental to the child.

                Again, I encourage you to seek therapy for all the issues you have disclosed to this public form. Most importantly the challenges you face as a parent with a child who is undergoing therapy and treatment for a major physical medical condition. Furthermore, for the stress of the conflict that has arisen from your separation from the other parent and the impact it is having on you emotionally.

                In my opinion, you are often using this website as a potential form of "cathartic therapy" which may not be in your best interests as no one on this form is a licensed practitioner of medicine and you should be consulting with proper, governed, educated and licensed professionals in this area of medicine.

                Please, I implore you to seek mental health help. It can only improve your stress levels, how you deal with this stress and the relationship you have with the child in question and the other parent in your matter. The child in question deserves a healthy parent and you have every means to be that for the child in question.

                Good Luck!
                Tayken

                Comment


                • #23
                  Originally posted by iceberg View Post
                  The staff does have a psychologist team and they do care about our kid if they notice something wrong. They mostly deal with us if he have issue with the child like how to deal with those issues. What they will not dig into is what I suspect as parental alienation. Both my ex and I agreed on that all our disagreements must be hidden from the child. IDK if she does that.
                  The clinicians would witness the conduct and results of hostile agressive parenting that results in parental alienation syndrome. You wouldn't need to ask a doctor to investigate it... The child would exhibit specific and well known patterns of behaviour that any clinician would see "clear as glass". The *fact* that the child in question is exposed to medical practitioners on a regular basis is very concerning in light of your continued allegations against the other parent... One would suspect that a medical practitioner who sees the child in question on a regular basis would see this and share the same concern.

                  Please read:

                  Your Social Worker - Gary Direnfeld, MSW, RSW
                  Your Social Worker - Gary Direnfeld, MSW, RSW

                  Originally posted by iceberg View Post
                  I don't seek cathartic therapy and if I did there are plenty health forums on the internet. I do however seek reassurance sometimes. Many of us do when dealing with child custody.
                  I don't recommend seeking out a "health forum" as most don't have licensed medical practitioners and if they did... They cannot provide consultations through a public forum.

                  You should be "reassured" that if the clinicians involved with the child in question are not seeing what you see... It may because you are wearing coloured glasses.

                  Originally posted by iceberg View Post
                  And I don't fear that she will succeed in alienating our kid, I fear for child's well being if exposed to negative talk about me. That is why I was thinking about counselor/therapist.
                  Motion, urgent basis, request OCL get involved... Unless you can secure consent from the other parent that the child attend therapy or a licensed practitioner of MEDICINE steps in and calls the CAS... Which hasn't happened for some reason despite your allegations against the other parent.

                  Originally posted by iceberg View Post
                  And I myself do see a specialist who helps me with stress, ex refused long ago by saying "no strangers will tell me how to live my life"
                  I hope the specialist is licensed in the practice of mental health (psychologist, psychiatrist, social worker, etc...)

                  Good Luck!
                  Tayken

                  Comment

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