Canlii help

[billiechic]

My lawyer wants me to find cases that will support me in getting Sole legal custody with a 50/50 time split. Or cases where one parent has been given custody after shared parenting has failed. Does anyone know of any cases? I've found a few, but MORE would be helpful

Impt facts for me would be that it was an abusive relationship
we have tried to do 50/50 but communication and agreement is not working.

Thanks!

[billiechic]

anyone???????

[dsldad]

Superior court decision in Mayer v. Douglas (2008)

Provide Legislative Support for Parallel Parenting
There are situations, however, where parents cannot always get along and work together,
even though they both love and care deeply for their child. In such circumstances,
parallel parenting regimes would permit both parents to have joint custody,
yet split decision-making authority between them.
For example, one parent could be given responsibility for all medical and
extracurricular decision-making and the other, responsibility for all educational
and religious/cultural decision-making. Each parent is therefore able to maintain
an active role in a child’s life, rather than becoming, as too often is the case, a “weekend” parent.
This position has been upheld by Mr. Justice Paul Perell of the Ontario Superior Court in his
well-reasoned decision in Mayer v. Douglas, (2008).
In that case, he ordered a parallel parenting regime in a family situation fraught with
communication and cooperation problems. The judge noted that in many cases,
sole custody orders could be quite arbitrary, particularly when there is evidence
to show that each parent exhibits good abilities to parent the child.
In such circumstances, Mr. Justice Perell concluded that parallel parenting was the appropriate solution.
Obviously, the courts now recognize that it is in the children’s “best interests”
to have each parent play an active and meaningful role in their upbringing.
This includes active decision-making, and this would be accomplished by way
of shared parenting or parallel parenting described above.


I WANT THE DETAILS TO THIS CASE..BUT CANT FIND THEM. so if you get them, i need them

[dsldad]

might not exactly apply, but getting 50/50 for any father is almost impossible in iteslf from my searching for decisions.

If you have any like this one, i could use them.

on the contrary, if you want to feel worse, you can read articles like this...
http://www.fact.on.ca/releases/sccappts.pdf

Thanks!

[dsldad]

found it...might apply for you...

was a typo in both date and name of case on it. went through all his decisions on canlli to find it...

Moyer v. Douglas, 2006 CanLII 42660 (ON S.C.)

If you have any others though about shared/parallell/50-50 access, let me know. I too am looking for precidents.

Regards.

[#1StepMom]

on the contrary, if you want to feel worse, you can read articles like this...http://www.fact.on.ca/releases/sccappts.pdf
Thanks!

Ick. Reading that made me feel nauseous. Especially the results. Wow!

I completely agree with the conclusion...

It is difficult to understand how a Canadian coming before either judge on a family matter could feel ensured of equal standing in court with other Canadians of opposite gender.

I never realized how huge the bias was. How sickening.

[dsldad]

If you go to canlii and go through the cases mentioned, its appears it does not appear like there was gender bias in a completely prevalant and obvious way. It is more about what facts were accepted/dismissed, who they were from when they were accepted/dismissed, and how they are weighed. Generally, the logic seems intact, its seems to be more the evidentuary onus and weighting being predjudiced on a gender basis.

Everyone EVEN JUDGES are biased based on their gender and life experiences. It is exceedingly hard to remove that from anyones thinking even with careful self examination. This is why most serious cases are decided by a jury of ones peers. Family court is an exception where the fate of your life resides in the hands of one person.

In the position they are in, it therefore becomes necessarry they are held to higher standards than any other court where a jury of ones peers can be brought to bear.

[billiechic]

Thanks for the info.

But does anyone know of any cases that would help ME?

[dsldad]

you see kaplanis v kaplanis? it is the basis for A LOT of cases now...
anything you bring to bear will have to consider that case.
that being said, check out...
roy v roy 2006
it apply?

[tugofwar]

What exactly is canlii? What type of cases are these?

[Mess]

Canlii is a non-profit organisation that has all or most legal decisions available for search.

You can search according to keywork (like "child support") or judge's name or lawyers or a particular case name or date.

It can be hard to find what you want if don't know exactly what to search for because you can get 100's of results. It gets easier with practice though.

[tugofwar]

My question is are these actual cases that make trial? They are not cases from case conferences, trial and settlement? Im just not 100% sure about all these legal proceedings.

[Mess]

Yes, they are the judge's decisions from the trial. It doesn't include the entire transcipt from the trial, just the decision, so it is the main points that the judge looked at to make his decision.

Reading judge's decisions are actually really informative, and a good guide to how to write your court application, because it is really clear what they look for.

That downside is that 90% of cases settle out of court, so the ones that go to trial may have little or nothing to do with you. Like for me, my ex is just being obstinant and ridiculous, and our case would last about 5 minutes in trial, she has no case really. But there is nothing similar in Canlii, because most people are smart enough to settle this kind of issues out of court.

[billiechic]

yes, mine would last 5 minutes as well. I've offered 2 settlements that are actually BETTER than the current status quo, so I'm sure the judge would lay into him

first CC is Thursday, so I guess we will see what she says then.

[tugofwar]

So at what point to you offer a settlement? Who usally starts this? My ex's lawyer stated this in the cover letter from the answer but has not attempted to make any offers or settlement. Im hoping to hear what date our 1st cc is scheduled. What if either one of us offers one before the cc?