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Old 04-15-2018, 11:34 AM
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arabian arabian is offline
Senior Member
Join Date: Jan 2011
Location: Western Canada
Posts: 10,697
arabian will become famous soon enough

Ah not so fast you guys....

Just because a person wasn't charged in criminal court doesn't mean they didn't do the crime. I know this first-hand when, after a lengthy 6-month investigation by the police department who brought charges against my ex, the crown prosecutor dropped charges for fraud over 5,000.00 simply due to a jurisdictional matter in that it was felt our issue was a "family court matter." Had my ex and I not been married he would have been prosecuted.

If my ex threatened my life and that of my children I would do whatever it took to ensure our safety. It is no small feat to move across the country. The poster's ex is a lawyer, well-versed in procedures in Ontario courts. His actions speak volumes about an imbalance of power IMO. The Ontario judge's overt bias is quite suspect IMO.

Has an Order been made by Ontario court to return children? No I don't believe so. If there was then one would think that the RCMP would be showing up and escorting the children back to Ontario and mother would be looking at contempt charges. So I am uncertain on where this "endorsement" stands and if it has any legs.

Was she correct in fleeing province with children? Legally no. However, I can certainly understand her reasoning, particularly when faced with a system in Ontario which seemed to favor her lawyer-husband. She is correct in obtaining the transcripts of any and all hearings with the Ontario judge for her current non-Ontario lawyer to examine.

This does not appear to be a typical child custody case. Jurisdiction will have to be decided before anything. Her ex knew where she was and by his not filing and serving her promptly it could be argued that he acquiesced to her moving out-of-province. Presumably she is at or near family so it's not like he didn't know where she was. Her ex had/has all the resources at his fingertips to proceed in a lawful manner in filing and serving her. His lying about serving documents does not bode well for him particularly if the service of documents becomes a prime issue.

Her ex also needs to work within the law.

Last edited by arabian; 04-15-2018 at 11:38 AM.