Section 283 criminal code

[Clean]

My woes continue with custody and access of my 9 month old and 2-1/2 yr old. I received a letter from my ex's counsel yesterday stating that if i do not agree to her "proposed" access schedule, that no access shall take place, indefinitely.

This is extortion and in complete violation of Section 283 of the criminal code. We don't have a custody order in place...

I have filed a complaint with the law society of upper canada against her lawyer.

Is there anything i can really do? Obviously, i don't want the mother of my children to be jailed. Fining her only takes away from her using my child support to pay her legal fee's as my kids wear free second-hand clothes and she lives a luxurious lifestyle...

I'm in the process of filing for a long motion, however, it may be 3 months or more before i get into court.

My family, my lawyer and myself are all quite upset. My lawyer said that pursuing extortion isn't an option... I'm guessing that BS like this works greatly in my favour to becoming the custodial parent, but at any rate, i just want to see my kids.

Any ideas?

[neverending]

is she being unreasonable in her proposed "schedule" for access? what is it that she is asking for?
What has been the access thus far?
have you been to court at all regarding custody?

[HammerDad]

An extortion complaint wouldn't go anywhere. I am sure your ex's argument is, should she provide you with parenting time, she has no guarantee you will return the child.

If the terms of their proposal are unreasonable, you simply reply stating you don't agree with their proposal (if possible provide specifics of the clauses you don't agree with) and make a counter proposal. Remind them that it is in the children's best interests to maintain regular contact with both parents in order to maintain the relationship with the child. Further, as parents it is both of your duty to facilitate each others relationship with the child. Should they choose to withhold parenting time from you, or attempt to extort an unfavourable agreement from you, you will seek remedy from the courts providing for parenting time and/or custody, which ever the court may deem appropriate as you are more then willing to facilitate her relationship with the child.

[walshch]

Clean. Section 283 of the C.C. deals with child abductions. Extortion is Section 346 (1) and there has to be a threat of violence involved. You say you have a Lawyer, let him handle it.

[Clean]

She unilaterally moved an hour away. Her proposal is for very little access to my kids and me doing almost 100% of the driving. I pay her $900/month in child support and am in the negatives due to the cost of driving.

There is no valid reason (except for her move) as to why 50/50 custody cannot be had.

She makes me sign a paper stating that i'll return the kids at every pickup. This past weekend was my scheduled family day and she renegged on our agreement. I kept them until monday anyways, but returned them as promised at the proper time. I may be slightly at fault, but we had already agreed to all of our holiday schedules. Unfortunatly, it was not in a separation agreement because we couldn't come to an agreement as far as parenting time.

I have always been more than reasonable and compromising. I have always promoted contact with her, including getting my son to call her on her bday, gave her xmas presents from the kids (that were received with anger?!), etc..

[HammerDad]

She unilaterally moved an hour away.

There is no valid reason (except for her move) as to why 50/50 custody cannot be had.

There is valid reason - distance. 50/50 would be virtually impossible given the distance. If you really want 50/50 either you file a motion to have the child returned to their familiar residence or you move closer to the child.

As for everything else, don't buy her anything from the kids.

If the kids want to do something special for her, break out the crafts and let them make her something. Otherwise, why spend money unnecessarily and knowing it won't be appreciated??

As for costs of transportation, state that due to her unilateral decision to move the children from their familiar location, you feel she should bear the burden of transportation. However, in an effort to assistance and as a sign of good faith, you will drive like (I dunno - 20 minutes towards her place).

[Tayken]

Clean. Section 283 of the C.C. deals with child abductions. Extortion is Section 346 (1) and there has to be a threat of violence involved. You say you have a Lawyer, let him handle it.

A lawyer would have already filed a motion in this matter in my opinion and just attached the correspondence from the other lawyer in a matter like this.

Furthermore, make sure you take a copy of the "return the children" thing she is making you sign. Take a photograph of it every time. Print them and then attach that to the affidavit.

Good Luck!
Tayken

[Tayken]

Section 283

(1) [ Abduction ]


Every one who, being the parent, guardian or person having the lawful care or charge of a person under the age of fourteen years, takes, entices away, conceals, detains, receives or harbours that person, whether or not there is a custody order in relation to that person made by a court anywhere in Canada, with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of that person, of the possession of that
person, is guilty of

• (a) an indictable offence and is liable to imprisonment for a term not exceeding ten years, or
  (b) an offence punishable on summary conviction.

(2) [ Consent required ]
No proceedings may be commenced under subsection (1) without the consent of the Attorney General or counsel instructed by him for that purpose.

I believe the OP is referring to this section of the CCC. With the amount of perjury, lies and false allegations that surround Family Law it is hard to get the "consent" required to have this criminal charge laid.

Furthermore, the domestic abuse lobby has convinced law enforcement that it should quasi-legal for a parent to remove children in contravention of this law and go to a shelter.

The provisions under Family Law and the CCC need to include a component that outlines a matter in which a person conducts themselves as discussed and a different custody and access order is made.

Or... The Family Law Rules/Children's Law Reform Act should be updated to cover these situations. For example, mandatory mental health evaluations for both parents in the matter. The false allegation of domestic violence and child abuse is just as abusive as conducting the action. In either situation both parents need mental health help... Not criminal charges.

Children should not be the victims of their parents conduct and/or allegations. People who abuse others have mental health issues. People who make false allegations have mental health issues. The health care system should be involved in helping determine the problem.

Furthermore, standards need to be put in place for the conducting of custody and access evaluations under the CLRA. WorkingDad's decision highlights this need incredibly well.

Good Luck!
Tayken

[sahibjee]

Section 283

The false allegation of domestic violence and child abuse is just as abusive as conducting the action. In either situation both parents need mental health help... Not criminal charges.

Tayken

I partially agree, false allegations are equally abusive.

however if serious domestic violence has occurred, and bodily harm has been caused, in addition to mental help, criminal charges should be laid. however there should be sufficent evidence that the said harm was not self inflicted and was actually caused by the defendant.

at the same time, i also do believe if allegations are proven false, given the serious nature of allegations of domestic violence the accusing party should

1- be sent to a mental health correctional facility, until a team of psychologists clears this individual to be fit to return to the society

2- be barred from having any access (or granted supervised access) to the children as their actions will most definitely negatively effect the children and cause mental and social harm in their upbringing. i.e. produce more liars and abusers in the society., this should remain in effect until #1 has been completed.

3- be enforced to have to pay the legal and associated costs plus some to the individual that was falsely accused to compensate for his/her troubles.

4- if the charges on the falsely accused were/would have been of indictable nature, the minimum prison time that the accused would have received should be sentenced to the false accuser in addition to #1.

going through false allegations of abuse is not easy and unfortunately currently the system dosnt do jack to fix the problem, perjury is rarely every applied, and even then the sentence given is usually minimal compared to the implication of false accusations

[Clean]

it's funny you all bring the domestic violence up... i've also been falsely accused of domestic abuse and she's claimed that i hit her twice. Never have i touched her. Any arguement can loosely be taken as domestic abuse. And yes, as a result, i had to seek additional counselling. False allegations of abuse are abuse in themselves.

So, as far as my access went. She denied it. I filed a complaint with the Law Society on her lawyer and my lawyer f/u with a letter stating it is unprofessional and not pursuant to any family law rules.

I'm filing and urgent motion and asking for a psychological evaluation of my ex.

I have a copy of every form she's forced me to sign. However, they are without prejudice and she cannot use them in court anyways (my lawyer made that clear in his letter to hers).

The whole situation just makes me sick. I want to see my boys and i'm honestly starting to worry about her mental stability around my children. For a 2-1/2 year old to come out and say "I hate mommy, i hate daddy" - I've never even used that word in his presence?!

[wretchedotis]

All I can offer you is some sympathy.
I've faced access denial, over-the-top demands, criminal charges, the ex moving 60 mins away, and in general a nightmare of an ex. I feel your pain.

it all comes out eventually - provided you start a ledger or something like that. Note all this BS in it, and use it as required for evidence.

If your ex is anything like mine (and she sounds like her twin sister), you have a long road ahead of being reasonable in the face of adversity. Tht is your job now. To not let her affect you to the point you screw up your chances in court somehow.

Good Luck.

[Tayken]

I partially agree, false allegations are equally abusive.

however if serious domestic violence has occurred, and bodily harm has been caused, in addition to mental help, criminal charges should be laid. however there should be sufficent evidence that the said harm was not self inflicted and was actually caused by the defendant.

at the same time, i also do believe if allegations are proven false, given the serious nature of allegations of domestic violence the accusing party should

1- be sent to a mental health correctional facility, until a team of psychologists clears this individual to be fit to return to the society

2- be barred from having any access (or granted supervised access) to the children as their actions will most definitely negatively effect the children and cause mental and social harm in their upbringing. i.e. produce more liars and abusers in the society., this should remain in effect until #1 has been completed.

3- be enforced to have to pay the legal and associated costs plus some to the individual that was falsely accused to compensate for his/her troubles.

4- if the charges on the falsely accused were/would have been of indictable nature, the minimum prison time that the accused would have received should be sentenced to the false accuser in addition to #1.

going through false allegations of abuse is not easy and unfortunately currently the system dosnt do jack to fix the problem, perjury is rarely every applied, and even then the sentence given is usually minimal compared to the implication of false accusations

I can't say that I disagree with much of your recommendations. What is good for the goose is good for the gander.

Good Luck!
Tayken