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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #21  
Old 10-31-2012, 07:58 AM
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Tayken Tayken is offline
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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

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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 at 08:08 AM.
  #22  
Old 10-31-2012, 12:30 PM
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Great read ^ Tayken, thanks.
  #23  
Old 10-31-2012, 01:57 PM
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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.
  #24  
Old 10-31-2012, 02:37 PM
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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.
  #25  
Old 10-31-2012, 03:21 PM
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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.

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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.

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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.
  #26  
Old 10-31-2012, 09:29 PM
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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...
  #27  
Old 11-01-2012, 12:09 AM
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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.
  #28  
Old 11-01-2012, 12:39 AM
JB514 JB514 is offline
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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.
  #29  
Old 11-01-2012, 01:54 AM
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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 ~~~~~~~~~
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