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  • Lethality Risk assessment

    I asked the social worker conducting the court ordered parenting assessment in our high conflict divorce if she would be doing a lethality/ homicide risk assessment. The reason the courts ordered this her services in the first place was because of the high safety risk my violent, brain injured ex posed to the children ( he has already assaulted them in the past and been criminally convicted).

    Her response was "no, I only assess who should have custody and how much time each parent spends with the children ".

    I was dumbfounded by her response. When I enquirer further , turns out nobody does a lethality/ homicide risk assessment for the court to determine how much danger a child is in. I did my own homicide risk assessment and the kids and I scored 25/30 high risk factors to be harmed by my ex.
    From what research I have done domestic and child homicide is the single most predictable and preventable crime! So why don't they do this assessment?

  • #2
    Isn't not killing your kids implicit in the amount of access you get?

    Comment


    • #3
      I am thinking that you will be asking/getting supervised access. I think the reason that they don't do the assessment that you are talking about due to the fact its too hard to predict. Look at how many parents (male and female) kill their kids and people are shocked.

      I can understand your stress. Your ex isn't the same man he was due to the brain injury. So sad.

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      • #4
        You are not qualified to do that assessment. And being nonchalant about your lack of qualifications to do one will not help your case. People need to stop playing doctor in this regard.

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        • #5
          http://www.ottawadivorce.com/forum/f...xymoron-18463/

          One of the judges commented on how he searched high and low in my materials to see if at any point I said he should not see the kids or that they no longer wanted to see them. Apparantly it was significant that all my materials were consistent in that he should see them but ensure they were safe. My lawyer had explained that in the high conflict cases 1 out of 10 actually pose a real threat to the kids and this is one way for the judge to help determine that.
          Your lawyer is correct.

          In: http://www.ottawadivorce.com/forum/f...-access-18533/

          you say,

          He has been nothing short of a terrorist both in our marriage and through this separation / divorce.
          But here: http://www.ottawadivorce.com/forum/f...xymoron-18463/

          you say,

          Was happily married to husband (who I knew since kindergarten) x 16 years until he suffered irreversable brain damage in a motorcycle accident.
          You go from "happily married" to "Nothing short of a terrorist both in my marriage and through separation.

          Were you happily married to man you loved and knew since kindergarten? Or was he a terrorist in your marriage?

          If your affidavits look like the above than I can understand some of what's going on a bit more.

          Isn't he in for a hefty payday soon as well?
          Last edited by LovingFather32; 01-19-2015, 09:53 PM. Reason: grammar/mistake

          Comment


          • #6
            Originally posted by LovingFather32 View Post
            http://www.ottawadivorce.com/forum/f...xymoron-18463/

            Your lawyer is correct.

            In: http://www.ottawadivorce.com/forum/f...-access-18533/

            you say,

            But here: http://www.ottawadivorce.com/forum/f...xymoron-18463/

            you say,

            You go from "happily married" to "Nothing short of a terrorist both in my marriage and through separation.

            Were you happily married to man you loved and knew since kindergarten? Or was he a terrorist in your marriage?

            If your affidavits look like the above than I can understand some of what's going on a bit more.

            Isn't he in for a hefty payday soon as well?
            She claims he had an accident that made him a monster (tip: a medical doctor to corroborate that would be a good idea)

            Comment


            • #7
              He has had extensive medical and psychiatric reports which have led to his designation of being catastrophic .
              He has a six figure settlement coming this month. For all I know he's already got it and his family lawyer is racking his mind how to spend it for him.

              The lethality assessment is not complicated. Questions like have there been death threats? Stepchild in the home? Assault? Assault with a weapon? History of hostage taking ? Drinking? Drugs? Mental health problems? Unemployment? Jealousy? Separation? Custody dispute?
              There are about 30 questions. They have based this risk assessment scale on actual cases of murdered spouses/ children and worked backwards to find commonalities. Certain risk factors increase the risk of homicide 10 or 20 X.
              The police use a different homicide risk scale to assess risk in domestic violence. Mental health workers use a suicide risk assessment scale in people with depression. These scales help to differentiate those at low, medium or high risk.

              Why can't the court do the same? I happened to have oodles of hard core documented evidence and am still having to jump through hoops to ensure my children's safety...what about those parents who don't have 400 plus pages of medical, police, CAS evidence like I do? The lethality risk assessment would be a great place for courts to start with high conflict custody cases.

              Comment


              • #8
                Did you know there are absolutely no consequences for judges who make an access order that results in one parent murdering their children? They don't get disbarred. There is no law society investigation. No accountability whatsoever . They are not suspended with pay. No public inquiry into that judge's decision making.
                What is the judge going to say to the parent who's ex has harmed the kids? Oops!?

                Comment


                • #9
                  I would not want my children exposed to the threat in any way. I would not want contact with the person who is threatening them. I would seek out and obtain a restraining order until I could get the court's permission to move.

                  Comment


                  • #10
                    She conducted her own homicide risk assessment and scored a 25/30 that there was grave risk.

                    I conducted my own sole custody test and scored a 100/100. Doesn't mean Ill get sole custody.

                    Too many weird things.

                    1. He was a terrorist in the marriage Vs. They were happily married.

                    Personality change after accident or the terrorist the entire time? If I was OP's lawyer, I'd be all over stuff like that.

                    2. Even though he's assaulted them with a weapon, extremely violent apparently, broke in to their home and gives the children nightmares, she wants to bring him to court for not seeing the children.

                    3. In http://www.ottawadivorce.com/forum/f...xymoron-18463/, you say:
                    He has severe memory problems and impaired judgement. Can not remember one day to the other.
                    So if he's not seeing his children when he's supposed to perhaps this explains it. He can not remember one day to the next.

                    4. In that thread you also stated,
                    [/There are medical reports galore from multiple health care professionals documenting his medical and cognitive problems
                    Was there anything about violence? Why didn't they conduct the said assessment. I wouldn't conduct these yourself.

                    5. His big PAY day:
                    Listen I'm not making any assumptions about anything. I'm just pointing out some facts that his lawyer may have already touched on, or plans to touch on in the future. Plus, sometimes large amounts of money makes people go squirrely. His lawyer for one. I hope nobody else.
                    Last edited by LovingFather32; 01-19-2015, 11:29 PM. Reason: grammar :)

                    Comment


                    • #11
                      Originally posted by Stillbreathing View Post
                      Did you know there are absolutely no consequences for judges who make an access order that results in one parent murdering their children? They don't get disbarred. There is no law society investigation. No accountability whatsoever . They are not suspended with pay. No public inquiry into that judge's decision making.
                      What is the judge going to say to the parent who's ex has harmed the kids? Oops!?
                      Judge would have to live with his decision for the rest of his/life. That is a very heavy burden.

                      Judges are answerable to the Chief Justice in your jurisdiction (not sure what they are called in various provinces). Judges are employees of the province in which you live. Judges names and decisions are published in CanLii and other legal review articles and decisions and trials are often published daily in newspapers with journalistic slant. Judges aren't paid huge amounts of money. I wouldn't want their job.

                      Comment


                      • #12
                        Restraining orders don't work with people who aren't mentally all there. It's only a piece of paper. I'm actually surprised the numbers of divorce related murders/ suicides aren't much , much higher given the way lawyers escalate the conflict to dangerous levels.

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                        • #13
                          Originally posted by arabian View Post
                          Judge would have to live with his decision for the rest of his/life. That is a very heavy burden.

                          Judges are answerable to the Chief Justice in your jurisdiction (not sure what they are called in various provinces). Judges are employees of the province in which you live. Judges names and decisions are published in CanLii and other legal review articles and decisions and trials are often published daily in newspapers with journalistic slant. Judges aren't paid huge amounts of money. I wouldn't want their job.
                          Find out how many judges have been fired ever in Canada, that is a sign of accountability.

                          Comment

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