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Parental Support & Axis II Disorders (WHAT?!)

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  • Parental Support & Axis II Disorders (WHAT?!)

    Hi All,

    I have been poking around case law looking for oddities. As well, I have been looking for matters pertaining to Axis II disorders of the personality and their impact on family law.

    While seeking these two topics I came across both an oddity of family law (Parental Support) and a parent with a diagnosis of mixed disorder on Axis II.

    First: I was not aware of a provision in some provinces for "Parental Support".

    This article reviews s.32 of the FLA in better detail:
    http://www.duhaime.org/LegalResource...in-Canada.aspx

    The obligation of an adult child to support their parent.

    Second: The pattern of absurdity/abuse that comes with a person who truly is Axis II disordered.

    This case has them both:

    L.F.D. v. X., 2016 ONCJ 878 (CanLII)
    Date: 2016-10-17
    File number: Regional Municipality of Niagara - 70/14
    Citation: L.F.D. v. X., 2016 ONCJ 878 (CanLII), http://canlii.ca/t/h4420

    It is an incredibly long read. For those wanting to see the pattern of conduct of an Axis II disordered individual, the narrative outlines it. It is also a very rare occurrence of this kind of narrative.

    For those who are into obscure elements of family law... The rare occurrence of a parent seeking support under the law is a weird one to ponder. The judge reviews 32 of the Family Law Act:

    Obligation of child to support parent

    32. Every child who is not a minor has an obligation to provide support, in accordance with need, for his or her parent who has cared for or provided support for the child, to the extent that the child is capable of doing so. R.S.O. 1990, c. F.3, s. 32.
    Paragraph 289 onwards is a review of s.32 of the FLA.

    [299] Moreover, s. 32 of the Family Law Act is the successor to the Parents’ Maintenance Act, R.S.O. 1970, c. 336 (repealed by s. 84 of the Family Law Reform Act, 1979, S.O. 1978, c. 2), which, in turn, traces its pedigree to the Parents’ Maintenance Act, 1921, S.O. 1921, c. 52 at a time of the economic recession that befell the world in the wake of the Great War of 1914-1918, a time when public and private pension plans were unheard of.

    [300] Accordingly, cases under s. 32 are relatively few because the economic conditions that prevailed in 1921 no longer exist. There are social safety nets that tend to discourage the invocation of s. 32. And where s. 32 is invoked, there are usually very special circumstances that have triggered the application.
    It is both a fascinating review of how s.32 got into the FLA and its history as well as how an Axis II disordered individual conducts their entire life. The case law describes the requesting parent's life from childhood all the way to current day situation.

    Their 3 divorces, weird description of their childhood, the consistent lies, the abuse of their children, the abandonment of their children. It is so complete that I have sent it to several researchers on the topic. It is a comprehensive outline beyond anything I have ever seen in highly researched books on the same topic.

    NOTE for ARABIAN: The good news is that Alberta removed the "parental support" obligations laws so your nutty ex can't go after your kids for parental support.

    Good Luck!
    Tayken

  • #2
    The concept of parental support is wrong on so many levels. Kids don't choose their parents, or have any role in their upbringing. I do not understand the ethical source of a resulting obligation.


    If the father didn't have an obligation, then it falls to the state. I know some people hate the concept, but that's why we pay taxes, partially to take care of people like this.

    Comment


    • #3
      Originally posted by Tayken View Post
      Hi All,

      I have been poking around case law looking for oddities. As well, I have been looking for matters pertaining to Axis II disorders of the personality and their impact on family law.

      While seeking these two topics I came across both an oddity of family law (Parental Support) and a parent with a diagnosis of mixed disorder on Axis II.

      First: I was not aware of a provision in some provinces for "Parental Support".

      This article reviews s.32 of the FLA in better detail:
      http://www.duhaime.org/LegalResource...in-Canada.aspx

      The obligation of an adult child to support their parent.

      Second: The pattern of absurdity/abuse that comes with a person who truly is Axis II disordered.

      This case has them both:

      L.F.D. v. X., 2016 ONCJ 878 (CanLII)
      Date: 2016-10-17
      File number: Regional Municipality of Niagara - 70/14
      Citation: L.F.D. v. X., 2016 ONCJ 878 (CanLII), http://canlii.ca/t/h4420

      It is an incredibly long read. For those wanting to see the pattern of conduct of an Axis II disordered individual, the narrative outlines it. It is also a very rare occurrence of this kind of narrative.

      For those who are into obscure elements of family law... The rare occurrence of a parent seeking support under the law is a weird one to ponder. The judge reviews 32 of the Family Law Act:



      Paragraph 289 onwards is a review of s.32 of the FLA.



      It is both a fascinating review of how s.32 got into the FLA and its history as well as how an Axis II disordered individual conducts their entire life. The case law describes the requesting parent's life from childhood all the way to current day situation.

      Their 3 divorces, weird description of their childhood, the consistent lies, the abuse of their children, the abandonment of their children. It is so complete that I have sent it to several researchers on the topic. It is a comprehensive outline beyond anything I have ever seen in highly researched books on the same topic.

      NOTE for ARABIAN: The good news is that Alberta removed the "parental support" obligations laws so your nutty ex can't go after your kids for parental support.

      Good Luck!
      Tayken
      Shhhhh..... my adult son (who has the 'failure to launch' gene might try to come after me (we don't live in Alberta anymore). I'll have to tell him that I can go after him to support me if his father is successful in his endless litigation one day. LOL.

      I look forward to reading the article. I recall reading something about this a few years ago.
      Last edited by arabian; 04-06-2018, 04:21 PM.

      Comment


      • #4
        Yes a very lengthy read.

        I am relieved about the judge's comments w.r.t. to the psychiatrist. Hopefully this person will retire soon? Seeing a patient for 25+years has eliminated any clinical objectivity.

        Too bad something wasn't mentioned about the Rabbi (shameful).

        Why does the word "Jewish Princess" come to mind?

        Histrionic personality traits? You betcha

        Comment


        • #5
          Originally posted by Janus View Post
          I do not understand the ethical source of a resulting obligation.
          Great War of 1914-1918, a time when public and private pension plans were unheard of. That is where it came from. Still on the books.

          Comment

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