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Caselaw: False Allegations of Abuse & Custody

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  • Caselaw: False Allegations of Abuse & Custody

    Thanks again for everyone's help in the past in regards to case law. STBX has brought false allegations of historic abuse and sexual abuse as means to derail any chance of there being an opportunity to co-parent and give her a legal advantage with respect to custody and access. Right now we cannot legally communicate directly because of these false allegations. STBX has clinically diagnosed mental health issues.

    Looking for case law examples around joint vs sole custody with young children where a parent has tried to derail opportunities to co-parent/communication in an attempt to give them an advantage in custody/access. Is there case law where a judge has order joint custody for parents that cannot legally communicate? Case law where a patent got sole custody of a young child because parent actively tried to destroy opportunities to co-parent?

  • #2
    Do you have a record? Any documented evidence suggesting any kind of domestic abuse or child abuse .. or dare I say .. sexual abuse? CAS ever involved?

    She going drug or alcohol abuse also?

    Did you do that private assessor thing? OCL involved?

    When the child was abducted did you end up following Tayken's, Hammerdad's advice regarding "acting fast"? (with caselaw Tayken provided)? HOw did that end up?

    Is she going the drug/alcohol abuse also?

    I'm pretty sure most scumbag lawyers have a template (drugs/alcohol/abuse) on their computer......BUT .. can she prove anything?

    And yes I have tons of caselaw (others do also) where one parent achieves sole due to the unreasonableness of the OP.

    Welcome to the roller coaster .. buckle up .. may get bumpy.

    LF32
    Last edited by LovingFather32; 07-05-2016, 07:53 PM. Reason: OCL piece

    Comment


    • #3
      I have no record. I'm a past recipient of citizenship awards. No history of police no history of CAS.

      Nothing can be proved because her allegations are false.

      Abduction/mobility got moved to a long motion next week. STBX had a 100+ page affidavit that was submitted in response to the motion..... she was planning for this very premeditated.

      As for her mental health issues no drugs or alcohol related no OCL at this time.

      Any guidance on case.law would be important as a factum as to be put together for long motion

      Comment


      • #4
        You may want to consider parallel parenting as an option if one parent actively refuses to co parent:

        What's the Difference Between Co-parenting and Parallel Parenting?

        Comment


        • #5
          HaltonDad .... you're good to go partner.

          She can print off 100's of pages of affidavits all she wants. In fact judges hate that. ODF schooled me on that.

          Citizenship awards? Jesus you'll do better than I thought.

          She's on the right track to lose all custody.

          My advice? Keep child centered. Figure out where your son stands .. this is probably the entire case.

          My motion judge wrote in his order basically that he was pissed that my ex didn't report any kind of abuse for 8 years, and was given many opportunities to do so.

          Judges are smart. Sen blitz e-mails with reasonable OTS's, ourfamilywizard.com, exchange parenting plans, etc. Make your parenting plan iron clad.

          Your checkmate here is the child and his wishes. Figure that piece out buddy.

          She messed up BAD with all of these allegations. Alleging sexual Malfeasance is nasty, dehumanizing thing to do. What a piece of work she is. Been there, done that .. threw out the gross t-shirt.

          Keep me handy. Im around pal.

          LF32
          Last edited by LovingFather32; 07-05-2016, 09:53 PM.

          Comment


          • #6
            Click on my handle ("Tayken") in this thread and select "all threads started by tayken".

            You will find the majority of the case law used in what you have described. I have written extensively about the use of false allegations of intimate partner abuse to obtain a false status quo.

            Also, your lawyer should have all this case law on hand if they are a specialist in family law. It is not "uncommon" case law to a good lawyer.

            Comment


            • #7
              In particular you want this thread:

              http://www.ottawadivorce.com/forum/f...ase-law-16809/

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              • #8
                Tayken's above thread and case law assisted in my situation as well.

                Judges are beginning to understand that the myriad of complex emotions involved in many relationships/separations often become confused with actual accounts or facts.

                I like this from Tayken's thread above. My judge agreed with it's message.

                [13] Allegations of abuse may be a symptom of the failure of a relationship. Blame is an inherent part of the allegation. Sometimes it is wholly warranted; other times it is not. When parties are not communicating, any slight or criticism is magnified. There is a tendency to minimize the other spouse’s good qualities and maximize the bad. Warring spouses are rarely in a position to step back and evaluate the other’s behaviour with objective eyes. Nor are they able to critically assess their own behaviour...

                Comment


                • #9
                  This is a good one on when Joint should and shouldn't be ordered.
                  Garland v. Brouwer, 2011 ONSC 6437

                  Originally posted by [28
                  In summary, those cases determined that a joint custody order may be appropriate in three main types of cases:
                  1. Where the parties agree to a joint custody order;
                  2. Where there is a positive history of cooperation between the parties; and
                  3. Where it is appropriate to preserve one parent's relationship with the child.


                  [30] Regarding the cooperation of the parties, Quinn J. wrote in the case of Brookv. Brook, [2006] O.J. No. 1514, and I adopt, that" ... one must take care not to hold the parents to an unrealistic level of mutual cooperation. After all, they are estranged. The cooperation needed is workable, not blissful; adequate not
                  perfect."

                  [31] I add that one parent should not be rewarded for being uncooperative. That is, a parent should not be granted sole custody if that parent has engineered the circumstances so that the parties appear to be uncooperative.
                  Therefore if one parent has created a situation which makes cooperation un-manageable, and the other parents hasn't done anything to aid in that and can show they have tried to cooperative, then Joint shouldn't be award, but the parent who has been uncooperative shouldn't be granted sole custody.

                  Very useful to argue for either joint or to argue for sole to the cooperative parent.

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                  • #10
                    I don't have links to case law, but I will say stay strong. Document every accusation she makes, and keep a record of how each accusation impacts you, your relationship with child and any other affects it has.

                    My child's mother has made many false accusations. It took me a very long time, but I have gone from not being on the birth certificate and very limited access, to having sole custody and for the last almost year mom has had supervised access.

                    Not that I am saying that strong of a step is needed but if mom keeps making accusations you want to argue that you should be the primary residence to stop mom from damaging your relationship with child.

                    Comment

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