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What Constitutes Abduction / Kidnapping Charges In Canada?

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  • #46
    Thank you Richard for responding to my inquiries.

    Your original question was 'My question is this, what recourse do I have as the father, to not only get my daughters back, but to have some sort of charges brought forward, for the actions that their mother committed?'

    It's unfortunate the incident occurred as it did with your eldest. That incident would and will be taken into account throughout the process for both of your daughters.

    6 months has now lapsed. You would not be able to lay charges of abduction at this stage.

    The corporal punishment outlook that you have implied would not be viewed well by a judge.

    If you wish to further your position to increase the time you have with your youngest:

    1) offer to take a parenting class.
    They are beneficial for all parents and it is not an omission of poor parenting if you take one. It shows a willingness to be a better parent even if you are an adequate one.

    2) offer to take anger management. Due to the instance that occurred with your eldest which will be examined closely throughout the process it would show that you are again being proactive.

    Comment


    • #47
      OP, you shouldn't be entering the home at all. It is not your residence.

      I would recommend you sign up asap for anger management courses, as I suspect you will be required to complete same before permanent access to your youngest is ordered established, and you may want to get ahead of that one.

      Originally posted by Links17 View Post
      In a divorced household kids at 16 do what they want. If you ex is a slut who lets your daughter be a slut and your daughter wants that there is pretty much nothing you can do.
      Links, please do share with us your thoughts on promiscuity - actually how many partners would it take for me to be considered a slut? Careful, your bias is showing. Are there any other slurs you would like to share with us this morning?
      Start a discussion, not a fire. Post with kindness.

      Comment


      • #48
        Originally posted by Richard519 View Post
        ...apparently in Canada, a parent cannot use corporal punishment on a child...
        That is not entirely true, for children as a whole group. You can use force if the child is capable of benefiting from the discipline. You cannot use force if the child is too young to learn from the use of force, or cannot learn from force because of a disability.

        There are other factors as well. If it's minor, and short, you can spank your child as a corrective measure. It would also have to be deemed reasonable.

        In Canada though, it's not acceptable to:

        • Hit a child under 2 years of age. Such a young child is not able to understand why someone is spanking them;
        • Hitting teenagers: This may alienate the youth and promote aggressive or anti-social behaviour;
        • Using objects to hit such as belts, rulers, etc. because they can be harmful both physically and emotionally;
        • Slaps or blows to the head;
        • Degrading or inhumane treatment;
        • Corporal punishment that causes injury.


        So yes, you wouldn't be able to hit your 16 year old child, in Canada.

        Comment


        • #49
          Links, please do share with us your thoughts on promiscuity - actually how many partners would it take for me to be considered a slut? Careful, your bias is showing. Are there any other slurs you would like to share with us this morning?
          I'm not sure yet, I need to think about it more. I think there are different types of sluts.

          For a start if you cheat I think you are slut which means you place sexual gratification higher than your commitment to be honest to somebody you committed to be honest too. I will tell the person they are a slut too... seperate or get divorced then screw who you want. Pre-divorce you are a slut!

          Perhaps if what you are best known for is your promiscuity that might make you a slut?

          What do you tink?

          I don't think there is qty perse not sure it is related to qty or casualness...

          I am still forming my position on the topic but as soon as I have a consistent definition I'll write a paper and publish it. You'll be the first to know

          Comment


          • #50
            hmm so what are men that cheat called??

            Comment


            • #51
              My naive answer to the poster's initial question would be that abduction would be taking a child in contravention which is specified in a court order/separation agreement.


              It seems to me that until you have an agreement, the other party is free to do whatever the heck they want to do. Its disgusting.

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              • #52
                slut too, did I say it was just for women?

                I agree with the feminist position of the slut/stud dichotomy - men shouldn't praised for sexual conquest and women derided.

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                • #53
                  I agree with Arabian. Disgusting. Makes me want to puke in my mouth. People shouldn't be able to take kids and hide from other perfectly good parents, denying access until they get money or status quo. Pisses me off.

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                  • #54
                    Originally posted by Links17 View Post
                    I am still forming my position on the topic but as soon as I have a consistent definition I'll write a paper and publish it. You'll be the first to know
                    I look forward to reading it, however it won't be on these forums. Cut it with the sexual slurs or a mod will do it for you.
                    Start a discussion, not a fire. Post with kindness.

                    Comment


                    • #55
                      Originally posted by mcdreamy View Post
                      I look forward to reading it, however it won't be on these forums. Cut it with the sexual slurs or a mod will do it for you.
                      That's in poor taste, you started off by being a smart-ass and then when I answer you pull out the moderator stick?

                      If you had just started with the moderation that would have been more fair.

                      just saying....

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                      • #56
                        I didn't realize detailing your post this morning specifically as a slur could in any way be misunderstood by you as a joke. It wasn't. So now we know and can be clear moving forward, sexually oriented derogatory terms aren't welcome.
                        Start a discussion, not a fire. Post with kindness.

                        Comment


                        • #57
                          Originally posted by Links17 View Post
                          BTW look at my past my ex was sending naked pics to her cousin from my daughter's bed and has thrown a knife at my 8yr old son. My ex actually sounds a lot like yours - the disorder could actually be borderline personality order or histrionic personality disorder but really you need a diagnosis if you want to mention that.

                          A lot of us have been where you might have been with an irresponsible, immature spouses - it doesn't make them insane just entitled biatches... Unless you get a psychologist to condemn you ex as insane then never even imply it.
                          Amazing, so how do I deal with a mother who one day is talking with me about working things out, and last night, she's switching that up, and tells me that she's never coming back home, never mind what's in the best interest of my daughters, having the father, and mother in the same home raising the children, because she wants to do what makes her happy.

                          She can't afford to buy my daughters clothes for school, doesn't have enough money to have internet, so that my oldest daughter can do projects online.

                          Comment


                          • #58
                            Originally posted by arabian View Post
                            My naive answer to the poster's initial question would be that abduction would be taking a child in contravention which is specified in a court order/separation agreement.


                            It seems to me that until you have an agreement, the other party is free to do whatever the heck they want to do. Its disgusting.
                            There was no court order / separation agreement, while I was being sent out to purchase doughnuts, my fantastic wife's sister came over and took my family somewhere, and for five nights, I had no clue as to the whereabout's of my children.

                            Comment


                            • #59
                              Regardless of what your ex can and cant do or what she did or didnt do, you have to move forward. If your ex is as horrible as you paint her, working it out will just make it worse as youll constantly be worried she'll run again. Right now the only thing you should be focusing on is getting your life together. Do the parenting classes, anger management, quit fighting, trying to force ex/teen to do what you want, get your ducks in order, and make yourself a freaking saint. This isnt about what your ex did/is doing, its now about whats best for your kids. Offer to have your daughter come over and do homework at your house with internet, take them shopping to buy necessities etc. always always always think whats best for the kids. Your teen will see a calm rational dad wanting to do whats best not this angry asshole her mother had to run from. Counter what she might be saying with actions not words.

                              Your lawyer is telling you to quit with the kidnapping and alienation stuff because it wont work. You need to focus on what kind of a shared life you can give your kids. Put aside your anger for your ex and her choices. Rant about it here. But cool it when handling legal stuff, appearing in court. A judge would be more inclined to give kids to someone on welfare than an angry ex husband who may have shown signs of emotional/physical abuse. Whether you are these things or not, now you have to prove you are the best option for the younger one.

                              Comment


                              • #60
                                But what i'm wondering is this, how do I convey to my lawyer that my daughters mother cannot afford to take care of my children, so that I can get them back in my custody?

                                My lawyer doesn't seem to be on the ball when it comes to taking care of this case.

                                Comment

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