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  • #31
    Originally posted by iona6656 View Post
    I don't know that I agree with that. It's not the case that 50/50 is ALWAYS going to be in the best interest of the child.
    Similarly, it is not ALWAYS the case that going to school is useful for a child. However, it is reasonable to say that a child should go to school unless there is a good specific reason why they should not.

    It can depend on the child plus the parents strengths. I think that it's really case specific.
    Almost everything is case specific. I'd be hard pressed to think of anything that required a decision of any sort to not be case specific.

    What I do think is that children deserve the chance to bond equally with each parent...that doesn't mean that it has to be 50/50 time.
    Of course, but there had better be a good and specific reason as to why 50/50 is not the correct time split.

    Kids should go to school, and kids should spend 50% of their time with each parent after a divorce. Some kids should not go to school, some kids should not spend 50% of their time with each parent.

    You don't have to prove that your kid should go to school, it is the person making the extraordinary claim that needs to provide the proof. I would argue that saying a kid should not share time with parents 50/50 is an extraordinary claim, and as such requires the onus of proof.

    The preceding paragraph is a moral statement, not a legal one. It is how I feel it should be, not how it is.

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    • #32
      Originally posted by Janus View Post
      You don't have to prove that your kid should go to school, it is the person making the extraordihttps://www.app.edu.gov.on.ca/eng/sift/index.aspnary claim that needs to provide the proof. I would argue that saying a kid should not share time with parents 50/50 is an extraordinary claim, and as such requires the onus of proof.

      The preceding paragraph is a moral statement, not a legal one. It is how I feel it should be, not how it is.
      I disagree on that's how it is.

      I would argue that THAT is the current way the courts view it- maximum contact first- 50/50...and then parent who wants something else better prove it...I guess that's what Young v. Young from the SCC is for.

      I do actually feel that it is an extraordinary claim to have a non equal residential arrangement- and the party claiming it should have the onus of proof. That is how I feel in my situation- I have to prove that my daughter should spend the majority of time with me based on hard evidence and proof that I can meet her needs better than her father AND her father is a nutjob who can't control his anger (shockingly- that one has proven easier to prove).
      Last edited by iona6656; 02-05-2019, 03:32 PM.

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      • #33
        Originally posted by CoolGuy41 View Post
        The above seems like useful case law for anyone who is being alienated & denied parenting time.

        However, I note that the judgement rendered in the case of forum member mafia007 who was in a similar situation, was quite the opposite:



        https://www.ottawadivorce.com/forum/...ontempt&page=3
        Then there was the infamous Scrivo matter on this forum that lead to the mother revealing herself...

        https://www.ottawadivorce.com/forum/...ad.php?t=13955

        Read the comments when everything explodes. Mom denied access and was found in contempt.

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        • #34
          That was a fun read. As were her comments on other threads she started. I find it hard to believe someone is reasonable when they pitched an egg at their ex’s car...

          Truly though, if the custodial parent is encouraging and supporting the transitions it wouldn’t be difficult every time. Yes kids are a challenge and tend to do the opposite of what you want on a regular basis.

          Transitions are shit for kids. Especially with a difficult parent. As I keep saying, the trauma from my parent’s divorce was more their hatred of each other. All of the rest sucked and we survived but the way they acted about each other was terrible. Some parents don’t realize they are doing it either. My partners ex felt she needed to protect the kids from their father. Getting them all riled up before he saw them. My mother did the same thing. This is their parent. If you dislike them that much, why did you have kids together?

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