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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  
Old 07-22-2020, 05:42 AM
Selfrepmom Selfrepmom is offline
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Default COVID Vacation Court Ruling

Just came across this interesting article.

.

https://apple.news/AyNCIgdXGQcuwMQshe5VhtQ
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Old 07-22-2020, 12:20 PM
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Apple News sucks.

https://ottawacitizen.com/news/local...-risk-too-high
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Old 07-22-2020, 01:11 PM
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The reasons for decision were also interesting.

Also of note that she didnt file properly and dad only had 24 hours to prepare with the motion.


https://www.canlii.org/en/on/onsc/do...0onsc4391.html
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Old 07-22-2020, 02:04 PM
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Sometimes, you can tell that a judge has never had personal experience with a particular situation, and is completely unable to relate.

This is one of those times.

The ruling is ridiculous.
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Old 07-22-2020, 03:01 PM
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Quote:
Originally Posted by Janus View Post
Sometimes, you can tell that a judge has never had personal experience with a particular situation, and is completely unable to relate.

This is one of those times.

The ruling is ridiculous.

I thought the same thing. I was reading cases on canlii yesterday and as soon as I saw judge allowed it to proceed despite the mother not filing properly I knew it wouldnt go well.

Considering that we are now allowed bigger bubbles and they had separate bathrooms I thought this decision was just ridiculous. The problem now is they set precedent for a gatekeeper parent preventing the other parent from taking a child on vacation. Plus they wasted the courts time on a useless case.
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Old 07-22-2020, 08:45 PM
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Quote:
Originally Posted by rockscan View Post
Considering that we are now allowed bigger bubbles and they had separate bathrooms I thought this decision was just ridiculous. The problem now is they set precedent for a gatekeeper parent preventing the other parent from taking a child on vacation. Plus they wasted the courts time on a useless case.
Both Toronto and Windsor/Essex in end of June/early July remained in Stage 1/ 2, with no "bigger bubble". At that stage, I agree with this decision.

If dad had uninvited his sister/cousins out of his proposed bubble cottage and narrowed down the numbers, kept it inclusive to himself and his parents with kidlet, he would have likely had a better argument. Simple solution, and a great vacation.
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Old 07-22-2020, 09:32 PM
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Yes, a completely ridiculous decision.



If I was that Dad, I would have kept details of who was attending under wraps. They are already high-conflict anyway - Mom has a history of interfering with Dad's summer plans.



Poor kid. Judge enabled Mom's behavior.
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Old 07-22-2020, 09:43 PM
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Default COVID Vacation Court Ruling

Quote:
Originally Posted by mcdreamy View Post
Both Toronto and Windsor/Essex in end of June/early July remained in Stage 1/ 2, with no "bigger bubble". At that stage, I agree with this decision.

If dad had uninvited his sister/cousins out of his proposed bubble cottage and narrowed down the numbers, kept it inclusive to himself and his parents with kidlet, he would have likely had a better argument. Simple solution, and a great vacation.

BUT ... this was Ottawa at beginning of July which had been in stage 2 for almost a month at the time of hearing.

I respectfully disagree especially since mom had a history of interfering.

Should also note that the dad won a previous motion for a set parenting plan which outlines the mothers false allegations of alcohol abuse and trying to take away his vacation time while providing her additional time and sending the child (who was 7 at the time) to sleep away camp instead of time with dad.

Last edited by rockscan; 07-22-2020 at 09:48 PM.
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Old 07-23-2020, 08:08 AM
Gilligan Gilligan is offline
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Having a similar ex, all i can say is the best advice is to not provide the information. "Anything you say can and will be used against you in a court of law".

It is unfortunate and the father will likely be required to pay the legal fees as an added bonus.

I can understand the discomfort with the situation on the mother's part but not really sure the courts need to / should intervene in this case.
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Old 07-23-2020, 03:50 PM
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Quote:
Originally Posted by mcdreamy View Post
Both Toronto and Windsor/Essex in end of June/early July remained in Stage 1/ 2, with no "bigger bubble". At that stage, I agree with this decision.

If dad had uninvited his sister/cousins out of his proposed bubble cottage and narrowed down the numbers, kept it inclusive to himself and his parents with kidlet, he would have likely had a better argument. Simple solution, and a great vacation.
I'm with you- he wasn't trying to double his bubble- he was trying to triple it.

Also- during this time- even if your ex is trying to be crazy and controlling- you should still really give consideration to a request to a parent related to Covid. Dad should've listened to mom's request to cancel it.

D3's preschool has been open since the beginning of July. I wanted to send her back because I was satisfied with the procedures they had in place from the local health unit. And I felt comfortable. Her dad did not. He didn't really have any good articulated reasons other than he wasn't comfortable with it. But since he lives with his at risk mom- that was good enough for me. I agreed to wait an additional two weeks to ensure that our city continued to have downward trending numbers after entering Stage 2. And if the numbers increased- keep her out for the remainder of the summer. I have sole custody- I could've just said "I hear you- but I'm going to do it anyways". And knowing my ex- maybe he was trying to be controlling? maybe he just wanted a fight? I dunno. But in these times- despite a history or conflict- I think it's worth considering just doing what the other parent asks if it's at all reasonable.
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