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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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  #11  
Old 02-05-2015, 05:24 PM
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LovingFather32 LovingFather32 is offline
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It is very unlikely that you will be successful with an abduction charge. Unfortunately case law is still evolving for that. Fortunately there are judges paving the way for change, adopting a very low tolerance for this.

The system's worry is that criminal proceedings will add increased complexity to the family matter which would not be in the child's best interests.

Additionally, the matter of abduction entails a charge assessment completed by the attorney general to obtain a prosecution. This is a fairly complex process as well.

It's sad that most parents rely on code 285 (I mean only sad if it's been made up):
Quote:
285. Defence
No one shall be found guilty of an offence under sections 280 to 283 if the court is satisfied that the taking, enticing away, concealing, detaining, receiving or harbouring of any young person was necessary to protect the young person from danger of imminent harm or if the person charged with the offence was escaping from danger of imminent harm.
This is where it gets clouded in to a he said/she said battle. One which criminal court would rather reserve for family court. "But the child doesn't want to go .. she said she'd hut herself if she had to go to her father's". The latter exemplifies how alienation makes this process even harder.

Like I said earlier, judges and family law are slowly catching on.

When D3 went missing I was unable to file a missing person's. But when I got the police records of my visit (privacy act) it read that I was not satisfied that I could not make a report. That's a nice thing for a judge. No acquiescence here.

I even called missing kids Canada. I spoke with someone there for quite a while. They even contacted the police for me but .. nothing they could do.

Now my ex has been found to have played the system very hard. All allegations proven false. Still .. no consequences.

Judges and the law are catching up to this phenomena. The more examples that are made out of the abducting parent, the less we will see this happening.

Now go get her on contempt.

Last edited by LovingFather32; 02-05-2015 at 05:28 PM.
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  #12  
Old 02-06-2015, 03:10 PM
Dadx5 Dadx5 is offline
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My child's mother has withheld a lot. I do have a police enforcement clause and even that has not always helped. I lost months at a time. On one occasion my ex withheld but told her lawyer that I already had the child and police had to get involved to even confirm that the child was in my ex's care. It was horrible.

Its been a really long long legal battle. So much so that all the staff at the front of the courthouse know me and my wife by name but things are starting to improve and the judges are stoping my ex's games immediately. Over christmas she withheld for 1 day and then used CAS and police to withhold for a 2nd visit and I ended up getting a temporary order for primary residence and mom only see's our daughter 2 visits a week. There was a lot more to the situation but the point I am trying to make is focus your efforts with family court, document everything and get police reports the court system does seem to be changing, its just a bit of a battle.
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Old 02-06-2015, 06:11 PM
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Quick update.... things went very well. Ex got verbally slapped hard and judge actually appeared angry.
No long term change yet, but I now have my son through the weekend.
More complexity ongoing but definitely a step in the right direction. This judge is not known to be father friendly, however, IF there is any bias, she may have just lost it.
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  #14  
Old 02-06-2015, 07:46 PM
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Did you get an endorsement? Police enforcement?

Happy for you that things went well for you today. Keep the faith.
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Old 02-06-2015, 08:03 PM
YYZDaddy YYZDaddy is offline
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This was just a scheduled motion on OCL involvement, but given recent events brought up the withholding. The judge wasn't interested in enforecent (was requested).
This is on record so I suspect if anything happens again, contempt and enforcement will be a breeze.
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Old 02-06-2015, 09:15 PM
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Hey a win is a win! Persistence and patients does pay off. A long haul but will hopefully be worth it in the end.
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Old 02-06-2015, 09:20 PM
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Little wins are still wins. In the beginning I would often leave feeling disheartened as she would get told verbally to stop interfering with access, and at most I would get my daughter for an extra weekend. After a while though it changed and I would get more and more, until it eventually led to my current situation.
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