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  • This probably the first one ...

    Hi everybody

    How you all doing here? I was hoping there is nobody here - but what I was thinking

    This is probably the first one when mother was ordered not only to be supervised with her own child 2014 ONSC 915 (CanLII) but also with her brother kids in the another case 2015 ONSC 2409 (CanLII).

    This family has some coverage on CanLii - no need to go to Genealogy, Family Trees & Family History Records at Ancestry.ca.

    And this is not over yet. I would expect at least two more publications (cost from last one, our trial #3 (oral hearing), another cost after may be)

    Good good will it ever ends ...
    WD

  • #2
    [42]...The child cannot continue to be exposed to improper investigations and searches to prove abuse that does not exist
    I concur ... to a great extent!

    Both great reads. Why is it that some parents are incapable of thinking about their children's needs above their own? I'll never understand.

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    • #3
      Thanks WorkingDAD for posting the links to these cases. Definitely helpful for me to read as I start prepping for my TMC this summer.

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      • #4
        Wow - incredible!
        Ottawa Divorce

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        • #5
          I vote this the best quote in a family law case ever:

          [40] Although the foregoing comments outline the various factors and considerations which the courts have taken into consideration in deciding between sole vs. joint custody, the analysis must at all times remain firmly grounded in the best interests of the child or children before the court. While both parents may be attentive and loving, a joint custody order may not coincide with the child’s best interests. As Pazaratz, J. stated in Izyuk v. Bilousov, 2011 CarswellOnt 12097 (S.C.J.) at para. 504, “[I]n the wrong family circumstances, a joint custody order can perpetuate hostilities, indecision, and power struggles. Children- particularly children already exposed to the upset of family breakdown- look to their parents for love, guidance, stability, protection, and consistency. They need to have confidence that adult decisions will be made quickly, properly and uneventfully.”
          I had to step back and read that twice. Justice Chappel quoted the Applicant Brother's sister's case in HIS decision.

          Almost as good:

          [68] ... I have concerns, however, regarding his sister, Ms. Izyuk, given the Respondent’s uncontroverted evidence that Ms. Izyuk has only supervised access to her son due to concerns that she intended to abduct the child. Given this evidence, I consider it necessary in the best interests of the children to include a term in the order that she not be left alone with either child at any time.
          uncontroverted (definition: of which the truth or validity is not disputed or denied.

          It would be hillarious if CanLII - 2011 ONSC 7476 (CanLII) is quoted in the upcoming costs decision for this one!

          This is a first in Family Law... Someone should submit this to the law review at the society... (Hint to the monkeys smashing rocks into keys who frequent this site.)

          Good Luck!
          Tayken

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          • #6
            Originally posted by Jeff View Post
            Wow - incredible!

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            • #7
              Someone should submit this to the law review at the society
              But only after the appeal period is up.

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              • #8
                Awesome that your case is being cited in other cases WorkingDad. Impressive that you were/are self-represented.

                Hope life is treating you well and you have a splendid summer!

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                • #9
                  WD...Kudos to you for sticking to it all the way through. Some people would have caved in to some vindictive so and so, who is getting a free ride of legal aid. I am a firm believer of following through / fighting for what you believe in, and you continue to do a good job in sticking it to the nutjob.

                  Shame some mug who doesn't know better is going to end up with this nutjob, only to be taken for a ride down the road.

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                  • #10
                    Wow, read both these cases. Sounds like the izyuks are a real winner of a family.

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                    • #11
                      Steady...the OP is one part of this family. You think this is bad, read other members story on here, the ones that dragged it out using kids as pawn along the way in order to get money, house etc

                      Originally posted by citymom View Post
                      Wow, read both these cases. Sounds like the izyuks are a real winner of a family.

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                      • #12
                        Hi WorkingDad

                        I've been away far to long, been dealing with many things in my personal life.
                        I have three matters before the courts right now, none in Family Court, but all related to Family.

                        Comment

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