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Old 07-02-2019, 01:56 PM
iona6656 iona6656 is offline
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Quote:
Originally Posted by phatkid77 View Post
again, the above case law and even the Dicorce Act state... past events wonít be used in determining best interest of the child.. even if they fought weekly, does it effect his ability to be a good parent? No.
Just an ploy in lining lawyer pockets


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Actually- past events can be considered. See section 24 of the Children's Law Reform Act, section 24(3) discussing past events has to be read in relation to section 24(4):

....
Past conduct
(3) A personís past conduct shall be considered only,

(a) in accordance with subsection (4); or

(b) if the court is satisfied that the conduct is otherwise relevant to the personís ability to act as a parent. 2006, c. 1, s. 3 (1); 2016, c. 23, s. 7 (2).

Violence and abuse
(4) In assessing a personís ability to act as a parent, the court shall consider whether the person has at any time committed violence or abuse against,

(a) his or her spouse;

(b) a parent of the child to whom the application relates;

(c) a member of the personís household; or

(d) any child. 2006, c. 1, s. 3 (1); 2016, c. 23, s. 7 (2, 3).

....


Violence is going to be a crapshoot if it's he-said-she-said.

If I were him- I'd get myself into counselling quicktime- and try to address the issue. Doesn't matter who started it- he has to show that he won't use violence, derogatory language, etc etc...don't miss this opportunity to show that he can learn and grow from their past situations, etc.

Instead of throwing out offers of just time- couple it it up with family counseling, and family mediation, etc etc etc...
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