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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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#1
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My ex has done a lot of very nasty and manipulative things since we separated, to keep me from my child. I have an enormous amount of proof and it would be impossible for her to even defend herself to this proof. It would be clear to anyone what she has been doing. I am curious as to how judges look at this? In my situation it is very clear that she is not doing right by our son and is severely compromising my little boys emotional well-being by not allowing me to call him and for speaking very openly in front of him about what a $#$^@ I am! Ha!
Does anyone have any knowledge of how judges generally deal with this type of thing? Would the proof of this cause her credibility to be in question with regards to other areas of the divorce which are brought before the court. ie, her claims of being disabled and her inabilty to work as a result. ( which by the way, for any newbies, she most definitly isn't!) I am very curious. Thanks all. GDGM |
#2
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Problems relating to interference of parenting
Interference of parenting is child abuse! The Family Justice Review Committee believes in a number of basic principles when it comes to the issue of interference of parenting. Some of these principles are:
Interference of parenting can be so stressful and emotionally charged that some parents have been known to murder a parent who was denying access to the children. Most professionals refer to the condition where children become alienated from their parents as Parental Alienation Syndrome. Garbarino and Stott (1992) consider Parental Alienation Syndrome to be an example of what they refer to as "the psychologically battered child" and describe it specifically, by name, as one form of child battering. Rogers (1992) identifies five types of psychological maltreatment: rejecting, terrorizing, ignoring, isolating, and corrupting, and then describes how each of these types may be seen in the Parental Alienation Syndrome. The courts would do well for the child to consider the parent denying access as a serious parental deficit when weighing the pros and cons of which parent may be best suited for custody.. Any form of emotional abuse must given serious consideration when weighing all of the factors considered relevant in determining the "best interest of the child" (Link to "Best interests of child") In is crucial that the courts take all necessary steps to ensure that the bond between the child and one parent is protected from the actions of the other parent who abuses the child through interference of access. If any parents have any doubts about the long term effect of interference of access on children and how this ultimately backfires on the parents in later years should read this tragic letter from one girl to her mother shortly after she turned 18 years of age. This girl's mother denied access to this girl's father when she was only 4 years of age. Link to letter yet the girl still remembered. In this case the mother tried to move the children away to a northern Ontario community so that their father could not see them. SOME INTERFERENCE STRATEGIES
What can be done to stop interference of parenting Just like children learn by teaching them consequences, parents who interfere with a child's parenting time with the other parent must be taught that there are consequences for emotionally abusing their child through interference of parenting. The court must be effective in ensuring that consequences are administered. Parents who learn that violating a Court Order does not have any consequences will only be encouraged to violate again.In one case in Oshawa, Ontario, a vindictive custodial mother was found in contempt of a court Order 60 times for violating the children's parenting time with the father, yet, when the judge passed sentence, he ordered the mother to pay a $1 (one dollar) fine. Needless, to say, that as soon as the mother walked out from the courtroom, she continued to prevent the children from seeing their father and to this day the children are unable to see their father. Yet the father was ordered to pay the mother $600 per month in child support while the court did nothing to help the children maintain their relationship with their father. The legal process eventually bankrupted the father and after the father ran out of money, the Ontario Government took away his drivers license. He was then forced onto poverty and onto welfare. |
#3
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![]() To stop the needless abuse of children, the Courts must:
WHAT MAKES AN EFFECTIVE COURT ORDER? Some of the points that an effective Court order will include
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#4
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![]() Last edited by logicalvelocity; 03-10-2006 at 07:44 PM. |
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![]() Last edited by logicalvelocity; 03-10-2006 at 07:44 PM. |
#6
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Bearall, I deleted the double post
![]() gooddadgoingmad, Please see this Jurisprudence. It is an interesting case. In the end the parent that was doing the alienating did not show up for trial and left her lawyer to handle it. Even the lawyer attempted to get removed from the case but the courts would not allow same. Moudry v. Moudry 2005 - ONTARIO - SUPERIOR COURT OF JUSTICE before the Honorable Snowie J. http://www.canlii.org/on/cas/onsc/20...onsc14047.html Last edited by logicalvelocity; 03-10-2006 at 08:00 PM. |
#7
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GDGM,
You have a court date coming up soon if I remember correctly. Is access to your son going to be address or just the support issues? Creditability is everything in court. Stay away from those "ugly affidavit" where the mud slings. Stay calm & cool and just state the facts. And back-up documentation is important. Keep records of everything. |
#8
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I agree, stay away from the ugly affidavit unless it is relevent fact but remain neutral tone.
If your issue and custody of a child or access to same focus on the best interest of the child. This will show what your real intentions are. Additionally, if one person continue's to throw mud, at some point or another this will come back to haunt them and they will have to prove their unfounded allegations. |
#9
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L/v: what an interesting case that was! wow, i was really floored that this woman was doing this to her child and the father. i think what bothered me the most is that she went so far with it, that she allowed her little girl to actually go through a gyno exam to try to further her case. that was very disturbing to read. i was happy to see that the courts took it seriously and awarded the father custody. thanks for the link!
Berall: thank you for taking the time to send me this information. it was an interesting read, for sure. if only it was as straight forward as this, hey? Grace: i found out yesterday that the spousal support issue is OFF the table for the upcoming court date! both lawyers negotiated and it was agreed that to award spousal support in the interim, in the amount that the ex wants, would severely compromise my ability to remain working here. so, now the only issue is custody and access. i already pay my child support in the amount appropriate for my salary, so this is not an issue. funny enough, i told my lawyer that my ex stopped answering the phone when she knew i would be calling to speak to my son. he and her lawyer came up with some SPECIFIC times that i would call, and that would be court ordered. one of those times are saturdays at 2:30 her time. she was told of this yesterday...and guess what....for 5 hours straight today, her line is busy! at least before i could leave a message on the answering machine telling my son that i missed him and loved him. now it's obvious she's leaving the phone off the hook so that i cannot even do that! in any event, this will be court ordered on monday! thank god for that! GDGM |
#10
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Bearall what a great article. where did you find it/ keep up the good work . we'll have to team you up with LV and straighten the entire court system out
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