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  • #16
    Originally posted by mcdreamy View Post
    Ok, I have to ask - why would you not have consented to your then 14 year old travelling with the ex?

    And are you sure the kid went to Florida with the ex? At the age of 15, you are in prime time of school trips that leave the country. Dd's high school has gone to Florida, NYC, Italy, and France so far as class trips. Quebec was in Grade 8.
    the ex doesnt need to get his consent according to the first post, they just have to tell him where, when etc.

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    • #17
      Originally posted by standing on the sidelines View Post
      the ex doesnt need to get his consent according to the first post, they just have to tell him where, when etc.
      No, according to his first post, this matter was put forward last year - when the kid would have been 14.

      So I again, ask, why block the travel plans of a 14 year old?
      Last edited by mcdreamy; 10-30-2012, 08:19 PM.
      Start a discussion, not a fire. Post with kindness.

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      • #18
        Originally posted by mcdreamy View Post
        No, according to his first post, this matter was put forward last year - when the kid would have been 14.

        So I again, ask, why block the travel plans of a 14 year old?
        Is he trying to block her from leaving or just wants to be informed if she does?

        I think that's a big difference. I think informing of being taken out of province/country should be an automatic courtesy.

        Doesn't she need a letter of consent from the other parent to take the child (read under 18) out of the country?

        Comment


        • #19
          Apparently, last year his ex had to petition the court, when the D was 14. The only reason to petition a court, of course, would because of the OP's refusal to grant consent to a 14 year old travelling.

          So last year my ex petitioned the court to travel with my D without my consent.
          Love to see my tax dollars at work.
          Start a discussion, not a fire. Post with kindness.

          Comment


          • #20
            Originally posted by mcdreamy View Post
            Apparently, last year his ex had to petition the court, when the D was 14. The only reason to petition a court, of course, would because of the OP's refusal to grant consent to a 14 year old travelling.



            Love to see my tax dollars at work.
            In a perfect world that ^ would be the reason. In my world I have a bitter and spiteful ex who knows the only way she can get back at me is using my D. Last year she brought a motion to change the consent issue out of the blue because she was mad at me. Just like she brought a motion for sole custody years ago-mad at me. As you can read in my earlier post, her issue with consent was that I have no business to be informed where my D is going because I have no contact with my D. I explained to the Judge that my D has been alienated from me by her. I even brought the emails as a proof where my D calls me names. So my ex lied and said that I have sent my D an email where I said that she is not worth the cs money. The Judge asked my ex if she still has the email, she said yes. So the Judge asked her to forward me that email, and if such email exists I was to apologize to my D. She said ok. I am still waiting for that email So only a person with a sick head would make up something like that.
            Not once did she say that I did not provide consent. She just said that there is no way for her to contact me, nor does she want to. But the truth is my D and her blocked their emails, changed #. Where as I have not blocked anybody and she could contact me at any time via email, address, phone, facebook...

            I have NEVER denied consent to travel, nor do I bother her. But her, every year she comes up with something to stir the sh**t. Just before she is to take me to court for whatever issue, she sends me little juvenile msgs "what goes around comes around" with happy faces. Last issue I had with her, couple of months ago. She wanted me to pay my D's dentist in full upfront even though my insurance reimburses 100% and is submitted electronically by dental office immidiately. But it would make her feel good that I would go out of my way to pay money first and then I would have to submit my claim to my insur., then wait to be reimbursed. So she threatened me with courts once again if I don't do the above.
            Last edited by JB514; 10-30-2012, 10:07 PM.

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            • #21
              Originally posted by JB514 View Post
              In a perfect world that ^ would be the reason. In my world I have a bitter and spiteful ex who knows the only way she can get back at me is using my D. Last year she brought a motion to change the consent issue out of the blue because she was mad at me. Just like she brought a motion for sole custody years ago-mad at me. As you can read in my earlier post, her issue with consent was that I have no business to be informed where my D is going because I have no contact with my D. I explained to the Judge that my D has been alienated from me by her. I even brought the emails as a proof where my D calls me names. So my ex lied and said that I have sent my D an email where I said that she is not worth the cs money. The Judge asked my ex if she still has the email, she said yes. So the Judge asked her to forward me that email, and if such email exists I was to apologize to my D. She said ok. I am still waiting for that email So only a person with a sick head would make up something like that.
              Not once did she say that I did not provide consent. She just said that there is no way for her to contact me, nor does she want to. But the truth is my D and her blocked their emails, changed #. Where as I have not blocked anybody and she could contact me at any time via email, address, phone, facebook...

              I have NEVER denied consent to travel, nor do I bother her. But her, every year she comes up with something to stir the sh**t. Just before she is to take me to court for whatever issue, she sends me little juvenile msgs "what goes around comes around" with happy faces. Last issue I had with her, couple of months ago. She wanted me to pay my D's dentist in full upfront even though my insurance reimburses 100% and is submitted electronically by dental office immidiately. But it would make her feel good that I would go out of my way to pay money first and then I would have to submit my claim to my insur., then wait to be reimbursed. So she threatened me with courts once again if I don't do the above.
              CUSTODY, ACCESS AND PARENTAL RESPONSIBILITY
              The Search for a Just and Equitable Standard
              Edward Kruk, M.S.W., Ph.D.
              The University of British Columbia
              December, 2008

              http://www.fira.ca/cms/documents/181/April7_Kruk.pdf

              No studies have examined the impact of legal abuse; that is, using a legal advantage to remove a parent from a child’s life via sole custody, and subsequent parental alienation. Uprooting children in this manner and alienating the parent may themselves be forms of child abuse, as suggested by Justice Konigsberg of the B.C. Supreme Court (commenting on the Gettliffe case).
              I believe this is the case law that the author is referring to but, not sure:

              R. v. Nathalie Gettliffe-Grant, 2006 BCSC 1944 (CanLII)
              Date: 2006-12-04
              Docket: 23879
              URL: http://canlii.ca/t/1q82j
              Citation: R. v. Nathalie Gettliffe-Grant, 2006 BCSC 1944 (CanLII)
              Last edited by Tayken; 10-31-2012, 07:08 AM.

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              • #22
                Great read ^ Tayken, thanks.

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                • #23
                  Originally posted by JB514 View Post
                  Great read ^ Tayken, thanks.
                  I am on my second reading. Generally don't post something like that until I can really talk to the materials but, so far, it is one of the most comprehensive papers I have seen. Not that I agree with everything but, it does put a lot into perspective in 84 pages.

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                  • #24
                    I just wish the courts shared, even if the smallest part of, that ^ perspective.
                    BTW, my ex has another D about 3 y.o. The father has also left when the kid was about 1 y.o. and my ex started denying him access as well for stupid things. Then took him to court and got sole custody. Of what I know, he just recently has started to see his D. I guess he just started going along with her demands so that he can see his D.

                    So my ex is a perfect example for that article where she easily received sole and then she manipulates the fathers creating high conflict situations. So now one of her D (my D) is practically fatherless, and another is en route.

                    Comment


                    • #25
                      Originally posted by JB514 View Post
                      I just wish the courts shared, even if the smallest part of, that ^ perspective.
                      It does. I post more than enough case law regarding that on a daily basis. The problem is that you have to position yourself before the court.

                      Originally posted by JB514 View Post
                      BTW, my ex has another D about 3 y.o. The father has also left when the kid was about 1 y.o. and my ex started denying him access as well for stupid things. Then took him to court and got sole custody. Of what I know, he just recently has started to see his D. I guess he just started going along with her demands so that he can see his D.
                      Class action her? You can provide each other affidavits in support of your positions for access to the children in question you know. If you are both experiencing the same thing then the pattern is easy to establish. Just cross witness in both matters.

                      Originally posted by JB514 View Post
                      So my ex is a perfect example for that article where she easily received sole and then she manipulates the fathers creating high conflict situations. So now one of her D (my D) is practically fatherless, and another is en route.
                      You give him an affidavit he gives you one, you attach his court materials to your affidavit (all motions filed, affidavits, statements against, blah blah blah.)

                      In fact, your case and the other father's could be a slam dunk if you both exchanged your continuing records and just cross filed on her.

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                      • #26
                        Interesting idea Tayken. I guess will keep it in mind for future, since he will not probably want to rock the boat if she is allowing him access. But maybe if it happens again...

                        Comment


                        • #27
                          The questions is: "what can the Family Court do to someone who is in comtempt of Order?" seriously??? jailtime, NO? pay the other parties legal costs? maybe, yelled at by a Judge? YES but the human mind is made to forget.....like one lawyer said to me years ago: "better to take the money you will spend on legal costs and take a mini vacation". That sure was a eye-opener!! This is the REALITY.

                          Comment


                          • #28
                            Agree TLCRN!! BUT.... Imagine my situation in reverse... Lets say my ex still needed my consent to travel. Lets say there is a court order where I am to provide reasonable consent. She asks me for one, I refuse without any good reason. She takes me to court and.... I can guaranty the Judge grants her an order to travel without my consent!! (Giving an example as one of the earlier posters suggested that I refused consent).

                            It is so frustrating that her being the custodial parent, the law demands my compliance, but if I, non-custodial parent, demand the compliance, oh well, maybe my ex will get a slap on the wrist.

                            Comment


                            • #29
                              JB514: I hear you loud and clear, been there! what I am saying is that "family law' is not perfect and flawless.....and all depends on the Judge. Some get away with lots and won't mention "fairness"!
                              Welcome to FAMILY LAW ~~~~~~~~~

                              Comment

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