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Old 12-01-2019, 06:32 AM
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Tayken Tayken is offline
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First, you don't need to talk to the police. Simply ask if you are being charged. If yes then say nothing and hire a lawyer. If they say no you are more than welcome to thank them for the call and end the call. I wouldn't even call them back. If you have a lawyer have them call the police. They represent you.

This is a civil matter and the police should not be involved.

Police have no jurisdiction in a civil matter. As well, they record everything you are saying. A sympathetic police officer to the other parent is just doing this to gather evidence of a negative emotional reaction to put into an incident report.

Second... Stop recording the exchanges. Judges hate this. You should be doing the exchange INSIDE a McDonalds restaurant (or similar) where there are 3rd party recording and lots of customers around to witness stuff. These are truly independent witnesses to the conduct at an exchange.

THe other option is to have a 3rd party attend with you. Not a great option as most people bring a biased party with them like a friend. If you can afford it hire a registered PI to attend with you. Previous police service is always best. Its not cheap though.

There is no police enforcement clause then the police have no jurisdiction unless you broke a law.

https://www.ottawadivorce.com/forum/...ad.php?t=17252

The case cited in that link has 15. It is known to the judiciary and most family law justices.

If you *need* to record have a dashcam installed in your car. Park with the cam pointing at the house. Stay in the car. Notify the parent that you have arrived and then have the children walkout. Don't leave the car.

The other parent is trying to have a police incident created as they are working on a theory that was widely held in the late 90s early 00s that getting a criminal charge will get them sole custody.

Fortunate for you it is 2019.

80. As Justice Quinn recently commented in a footnote in Stirling v. Blake 2013 ONSC 5216 (CanLII), 2013 ONSC 5216:
“When parties involve police in their access disputes, they might as well climb onto the roof of their house, straddle the peak, and, with outreached arms, proclaim to the heavens that they have failed as parents and as human beings.”
The courts quote that quite often when a parent tries the police baiting tactic these days. Don't engage with the police.

Last edited by Tayken; 12-01-2019 at 06:44 AM.
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