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Political Issues This forum is for discussing the political aspects of divorce: reform to divorce laws, men's rights, women's rights, injustices in the divorce system, etc.

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  #11  
Old 05-22-2018, 09:46 PM
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Tayken Tayken is offline
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And here comes the boom:

Quote:
Burden of proof — person who intends to relocate child
16.*93 (1) If the parties to the proceeding substantially comply with an order, arbitral award, or agreement that provides that a child of the marriage spend substantially equal time in the care of each party, the party who intends to relocate the child has the burden of proving that the relocation would be in the best interests of the child.
They just shifted the burden of proof in substantially equal time. Basically, you won't find anyone who has "substantially equal time" (60/40) attempting to move ever. That is a heavy burden to carry. 20% of mobility cases GONE.
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  #12  
Old 05-22-2018, 09:54 PM
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So far I don't disagree with much in it other than the need for better and expanded guidance on what constitutes "family violence" in such a way it addresses the "subjective nature" of some of the categories.

The new changes will reduce the number of mobility cases significantly. So they did a good job on that update.

But, I don't see it having a major impact on reducing the court caseload. It needs significant edits and should be more consumable to the public. As it is written its still too legally complex.
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  #13  
Old 06-11-2018, 06:45 PM
Links17 Links17 is offline
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Oh how they scam....

The way I read this is they took the jurisprudential status quo and enshrined it law but that was just a cover.

Read carefully, they are changing the child support collection and methodology. What is going to follow is that child support agencies are going to do automated tax return lookups and auto increase child support. No more hoping an ex doesn't ask for an increase we will see it become an automated process.

Furthermore, they spat in the face of presumption of shared custody.

Theyve also now emphasized family violence so that time you yelled at your wife/stbx/ex is now legally grounds to lose custody.

Just look at this from the prism of feminist government and it will all make sense. Trudeau has been the most anti male leader in the world. Even him with his bipolar mother and prime minister as a father couldn't be honest enough and do what was right.

Keep fighting...
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  #14  
Old 06-12-2018, 05:23 PM
youngdad91 youngdad91 is offline
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Just giving moms more excuses to push back on shared parenting.

Keep fighting dads. Took me well over 3 years this second round but I'm getting closer and closer.

If faced with false allegations of abuse. deny deny and deny.

limit or avoid written communications and be super nice. be a gentleman. don't do anything stupid that would give mom ammunition to use against you to try and prove her false allegations against you just to maximize her nail and spam money.

Keep suing to ensure maximum contact and equal decision making with your kids. Don't be afraid to ask for sole custody. they can't deny us all custody. the judges are mandated to "appear" partial.

ex and I were very high conflict and are almost really good friends now with us agreeing to move towards sHarding patenting and joint custody. Joint custody and shared parenting has a real tendency to reduce conflict and promote cooperation between warring parents. sole custody order rarely ever work and tend to always find their way back into the courts.

I'm actually sort of grossed out by Canada's sexism in family law. women complain about domestic violence then it becomes a factor. men complain about shared parenting nothing happens. sexist pigs.

edit: it meant to say nail and spa but nail and spam money sounds good too.

Last edited by youngdad91; 06-12-2018 at 05:28 PM.
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  #15  
Old 06-12-2018, 05:33 PM
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Quote:
Originally Posted by Tayken View Post
And here comes the boom:



They just shifted the burden of proof in substantially equal time. Basically, you won't find anyone who has "substantially equal time" (60/40) attempting to move ever. That is a heavy burden to carry. 20% of mobility cases GONE.
how did you define substantially equal to be 60.40 ? are you aware they are getting rid of the shared custody term? I would think it would mean 50.50. and come on. how many of 10 dads that go to court come out with 50 50 or anything close to 50 50?
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Old 06-12-2018, 09:38 PM
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Quote:
Originally Posted by youngdad91 View Post
how did you define substantially equal to be 60.40 ? are you aware they are getting rid of the shared custody term? I would think it would mean 50.50. and come on. how many of 10 dads that go to court come out with 50 50 or anything close to 50 50?
Mine did and many do.
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  #17  
Old 06-13-2018, 02:02 PM
youngdad91 youngdad91 is offline
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Originally Posted by Pursuinghappiness View Post
many do.
^ not inline to statistics Canada.
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