Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

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

Reply
 
Thread Tools
  #1  
Old 11-25-2021, 12:25 AM
HonestHelp HonestHelp is offline
Junior Member
 
Join Date: Apr 2021
Posts: 13
HonestHelp is on a distinguished road
Default Settlement conference

I have a settlement conference next week and i'm prepared to submit the offer to settle and conference briefs. However recently there has been change of material circumstances as my employer placed me on unpaid leave for an unknown duration therefore i do not have any income source. I have been paying cs volountarily as there has not been any court order imposed yet.

I am thinking of just bringing this issue up right at the beginning of the settlement conference. I am not represented, any help would be appreciated.
Reply With Quote
  #2  
Old 11-25-2021, 08:48 AM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 6,321
rockscan will become famous soon enoughrockscan will become famous soon enough
Default

You will be asked about finding new work. If this is the result of a vaccine policy you may also be told to get the shot to get your job back.
Reply With Quote
  #3  
Old 11-25-2021, 11:00 AM
HonestHelp HonestHelp is offline
Junior Member
 
Join Date: Apr 2021
Posts: 13
HonestHelp is on a distinguished road
Default

Quote:
Originally Posted by rockscan View Post
You will be asked about finding new work. If this is the result of a vaccine policy you may also be told to get the shot to get your job back.
This is related to the vaccine policy. I've presented my employer with a supporting endorsed letter from a religious leader . My employer continues to infringe on my human rights.
Can the judge ask me to do something that goes against my sincerely held beliefs/creed?
Reply With Quote
  #4  
Old 11-25-2021, 11:24 AM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 6,321
rockscan will become famous soon enoughrockscan will become famous soon enough
Default

There have been a few cases brought to the human rights tribunal and to court on vaccine mandates and all of the major churches (including the Pope) have endorsed vaccinations. From what I understand, the human rights tribunal will be rejecting claims like this and have stated they do not consider it against these rights.

A judge will tell you to either get vaccinated or get a new job or they will impute an income to you for child support purposes.

This is a case of you choosing not to work not a loss of job due to things outside of your control.

I would also caution you may not be able to see your kids based on some of the cases where parents lost time due to refusal to get vaccinated but thats a whole other discussion.
Reply With Quote
  #5  
Old 11-25-2021, 11:35 AM
HonestHelp HonestHelp is offline
Junior Member
 
Join Date: Apr 2021
Posts: 13
HonestHelp is on a distinguished road
Default

This is most definitely not a case of me choosing not to work.
I have a religiously held belief that prevents me from taking the vaccine. I have an endorsed letter from a religious leader( obviously not the pope)
There is not even a mandate in my federally regulated work sector, just an "Expectation".

So what you are saying is, that my human rights has no weight?
Reply With Quote
  #6  
Old 11-25-2021, 11:50 AM
Tayken's Avatar
Tayken Tayken is offline
Senior Member
 
Join Date: May 2011
Posts: 7,429
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by HonestHelp View Post
This is related to the vaccine policy. I've presented my employer with a supporting endorsed letter from a religious leader.
You have a huge hill to climb: https://www.ccpartners.ca/blog/detai...19-vaccination

Read that article.

Quote:
Originally Posted by HonestHelp View Post
My employer continues to infringe on my human rights.

Can the judge ask me to do something that goes against my sincerely held beliefs/creed?
They won't order you to get vaccinated. They will just make an order, as Rockscan, said to impute your income. They will also look at your choice as not in the "best interests" of the children. The anti-vax argument always fails in the public court system.

Why?

Because, the health care system is part of the government and so is the legal system. If the legal system were to say the medical system is WRONG that would be a huge government kerfuful. As well, judges are NOT medical professionals and will not go against the research and SCIENCE put forward by the medical community.

Religion often does not play out well in the secular court system. Remember Church has no influence over the legal system and laws. You need to seriously consider your position as like Rockscan said... you could loose access to your children for radical religious beliefs.

Put your faith in SCIENCE and not a false god who does not exist.

Quote:
He sewed his eyes shut because he is afraid to see
He tries to tell me what I put inside of me
He got the answers to ease my curiosity
He dreamed a god up and called it Christianity

God is dead
And no one cares
If there is a hell
I'll see you there

He flexed his muscles to keep his flock of sheep in line
He made a virus that would kill off all the swine
His perfect kingdom of killing, suffering and pain
Demands devotion atrocities done in his name
Trent Reznor - Nine Inch Nails: https://www.youtube.com/watch?v=sjwr...el=YearZeroNIN
Reply With Quote
  #7  
Old 11-25-2021, 11:51 AM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 6,321
rockscan will become famous soon enoughrockscan will become famous soon enough
Default

Im saying that if the human rights tribunal will find that your rights have not been infringed upon by the vaccination policy then a judge may not hold that you are unable to work. Their view may be that the safety of the greater population outweighs your beliefs and you are purposely unemployed. An Ontario judge has already upheld a vaccination policy in Toronto. That holds weight for other choosing to remain unvaccinated in their cases for other matters.

I will also note that according to the CrA you are considered terminated after 13 weeks and you will not be entitled to EI as you refuse to be vaccinated. Today the Ontario health team said they doubt the vaccine mandate will be removed in January like the government hopes. All of this to say that you have months of unemployment ahead of you with no pay. Your ex could argue you are purposely unemployed because the courts have sided with vaccination policies.
Reply With Quote
  #8  
Old 11-25-2021, 11:52 AM
Tayken's Avatar
Tayken Tayken is offline
Senior Member
 
Join Date: May 2011
Posts: 7,429
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by HonestHelp View Post
So what you are saying is, that my human rights has no weight?
No they do not. The only test in Family Law that prevails is the "BEST INTERESTS OF THE CHILDREN". You put your children's health at risk and demonstrate bad parenting in the secular court system.

There is no "god" in the legal system. Leave your god at the door or you will end up like many radical religious zealots in court... paying child support with no access or custody of the children.
Reply With Quote
  #9  
Old 11-25-2021, 11:54 AM
Tayken's Avatar
Tayken Tayken is offline
Senior Member
 
Join Date: May 2011
Posts: 7,429
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by rockscan View Post
Your ex could argue you are purposely unemployed because the courts have sided with vaccination policies.
Depending on how deep the religious belief is... the other parent can leverage that zealous nature of radical religious beliefs in all sorts of directions that well result in no-custody and no-access orders.

I would recommend the OP get vaccinated and leave their "religious beliefs" at the doorstep of the court house.
Reply With Quote
  #10  
Old 11-25-2021, 02:07 PM
StillPaying StillPaying is offline
Senior Member
 
Join Date: Jun 2018
Posts: 482
StillPaying has a little shameless behaviour in the past
Default

Your duty to support your kids will prevail. You had notice. Get the shot and keep your job or find a job where it's not required. Job or not, you'll be imputed an income if needed and arrears will grow.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Settlement Conference EspoirN Divorce & Family Law 0 11-22-2019 07:47 PM
settlement conference sunday Divorce & Family Law 16 01-11-2013 03:15 AM
Settlement Conference - help - key points nick2009 Divorce & Family Law 26 03-13-2012 09:54 PM
more confused than ever: motion & settlement conference gumby Divorce & Family Law 1 06-12-2011 06:31 PM
where & how to go - after the 2nd settlement conference nick2009 Divorce & Family Law 2 08-05-2010 08:10 PM


All times are GMT -4. The time now is 11:15 PM.