how not to use allegations of VM to deny dad access

[tunnelight]

Basically mom and dad agreed to joint custody and 50-50 through collborative family law - with independent lawyers.

Mom turns, around hires lawyer, and goes to court files application for sole custody and supervised access to dad - alleging there was actually domestic violence.

Didn't go too well with the judge.


https://www.canlii.org/en/on/onsc/do...4onsc6344.html

[Janus]

Always fun to read a judgment like that .


I still have little to no faith in the system, but sometimes it gets things right.

[piggybanktoex]

DEANNA DAWN, that's what happens when you marry someone with a name like that.

[ifonlyihadknown]

As far as I can see, the mother was able to prevent the child from seeing his father, against their separation agreement, and got away with it.

The judge wrote:

The evidence put forward by the applicant in her affidavit largely consists of unsupported allegations which lack particularity and appear to be designed to cast the respondent in the worst possible light.

I'd like to hear what her lawyer has to say for bringing a case in front of a judge with literally no evidence. Are lawyers required to represent someone who has no case?

i don't see any slap down or any negative consequences for the mother, other than having to pay her lawyer, for basically kidnapping the son.

If a parent is found not to be paying child support the system comes down on them like a ton of bricks. Restricting access to the child for no reason should be dealt with just as severely. When will FRO set up a "Deadbeat parent" website for parents who pull stunts like this?

[tunnelight]

. When will FRO set up a "Deadbeat parent" website for parents who pull stunts like this?

We should all 2 months behind in child support and mail in this picture




we should do this once every 8 months

[Janus]

I remember reading a case once where a judge mused that perhaps there should be a FRO for access.


However, as he concluded, there isn't one, and judges cannot create one by fiat.

[Tayken]

How to use evidence to move a child to another province, get sole custody, spousal support, full table CS and costs.

Romita v. Humphries, 2018 ONCJ 18 (CanLII)
Date: 2018-01-05
Docket: Brampton 875/15
Citation: Romita v. Humphries, 2018 ONCJ 18 (CanLII), http://canlii.ca/t/hppfq

[Tayken]

I remember reading a case once where a judge mused that perhaps there should be a FRO for access.


However, as he concluded, there isn't one, and judges cannot create one by fiat.

I would totally support a FRO-like organization to enforce access orders!

[ensorcelled]

How to use evidence to move a child to another province, get sole custody, spousal support, full table CS and costs.

Romita v. Humphries, 2018 ONCJ 18 (CanLII)
Date: 2018-01-05
Docket: Brampton 875/15
Citation: Romita v. Humphries, 2018 ONCJ 18 (CanLII), http://canlii.ca/t/hppfq

OMG. Tayken! That is glorious. Thank you.