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Old 11-11-2012, 06:55 AM
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Tayken Tayken is offline
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Quote:
Originally Posted by baldclub View Post
Haha! I am glad to hear you are proud of your job, Tayken my friend. I fail to understand the relevance of your question in bold above.
A justice will explain it to you at trial and why your evidence is irrelivant and why your lamenting about being in the military is weighed before the civil court the same way as the other professions on the balance of probabilities.

Remember, you are not appearing before a military court but, the superior court who will see your career just as that with the same weight to all the other citizens who appear before the court.

You won't be giving any special consideration due to the fact you are in the military.

Quote:
Originally Posted by baldclub View Post
You said to me:

So I told you I was a proud member of the Canadian Forces, not at all in need to expose anything that puts the military and service in a bad light.
I hypothesize that you are going to attempt to argue that you should be given special consideration before the court for your employment choice. I am highly doubtful that it will change much on the balance of probabilities in a civil court matter.

Quote:
Originally Posted by baldclub View Post
Can't say I have met a mining engineer, with family or not. I'm aware that danger lurks in many other professions but that is not what my argument is about.
The difficulty is what is your argument?

Is it that you should be given special consideration / special order / sympathy from the Superior Court of Justice due to your personal decision prior to having children to join the military? That the custody and access of your children should be based on your "sacrifices" to join the military which you chose to do freely?

Quote:
Originally Posted by baldclub View Post
I know some civilians with jobs similar to mine go to some pretty remote places, have been in aircraft crashes, some adrenalin rush... I can only speak for myself though here, I have only first hand experience of losing seven buddies in combat, and being shot at myself.
What is the relevance though (which is my point in all this) to the Superior Court of Justice on determining custody and access of the children in question?

Quote:
Originally Posted by baldclub View Post
Mind you, getting shot at seems a much more pleasant experience than separation ... honestly.
Going out on a limb here but, you may be correct. In a conflict situation like that you have choices. You can retreat, you can leverage your skills and training to defend yourself. As an unrepresented litigant (or even represented) in any civil court matter you are required to respond, you can't retreat, and if you rely upon your military training it is to attack back possibly.

So, I can see why you would make a statement that family court feels worse than a military battle.

Quote:
Originally Posted by baldclub View Post
I personally know the difficulties of being away from my family on a regular basis, and the stress it caused my spouse. It was incredibly tough for her and our baby while I was overseas.
But, you do not see why this will impact the custody and access under Rule 24 of the Children's Law Reform Act?

Quote:
Originally Posted by baldclub View Post
I disagree. The "military" relevance is as stated:

The military environment, however, presents additional challenges for families. Geographic isolation, postings, frequent time away, high-risk deployments, and unpredictability are unique aspects of military life that put stress on members and their families.
Put that into an affidavit and due come back to let everyone know how it worked out for you at Trial and how successful your argument was before the Superior Court of Justice.

Quote:
Originally Posted by baldclub View Post
Whether it is a 'uniqueness' that applies to other trades and professions, that is not really a concern to me in this argument as the poster related to her husband's difficulties as a 'military' member.
What we are discussing on this message board is family law which is part of the civil court of justice and I believe you are in the Superior Court from past postings.

What we are discussing is "relevance" to an argument before the court. What you are trying to establish is unique relevance to your current job (military) and that a public court (not military court) should make special consideration to your job and set jurisprudence for "military families".

Remember, that you are walking into the "Superior Court of Justice" not the "Superior Military Court of Justice" and that the judge you will be before probably has no military experience and is expected to weigh your "evidence" against jurisprudence in CanLII and your "evidence".

My position in this debate is that you have very little relevant evidence that a justice could set jurisprudence on a special circumstance that elements of the "best interests" test should be persuaded by your choice in career.

Quote:
Originally Posted by baldclub View Post
That is exactly the point. Fishermen typically would live in there village/town/city and sail to sea from there.
They would also, depending on the type of fishing they do, go out for 2-3 week runs or even months during season. Which puts them into the EoW situation which you are defending against as well.

Quote:
Originally Posted by baldclub View Post
A miner would live close to the mine where he works.
Really? The only city for which is built upon a mine is the City of Sudbury, Ontario, Canada. It is the only city on this planet that has a mine shaft, smelter and other facilities in it. Furthermore, it is a limited market and the vast majority of Canadian mining engineers work in other countries and commute into sites on long rotations.

For example:

Raglan Mine - Wikipedia, the free encyclopedia

Quote:
Originally Posted by baldclub View Post
The fact that military members get posted and move around so much is precisely one of the main arguments how military life is tougher on families because home is not home for long in many cases.
No different than what a mining engineer experiences or other professionals who have to travel for work. Say a sales executive / sales person who sells a product internationally.

Continued...
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