Making sure im on the right path.

[hadenough]

It's like an episode of Dragon's Den/Beyond Thunderdome.. HD, the OP doesn't concern himself with monetary obligations and things like CHILD SUPPORT. I'm sure the garden and the "earth ship" will take care of everybody, child included of course.

That might be a "new one" for the Courts ^

 

[SynGreis]

i wouldsnt settle for anything doctors would say because i believe there is a cure for everything(well almost everything), simply having cancer or a tumor will cause me not to settle adn will search for an alternative(convieniently baking soda shows that it can kill tumors very quick, and a base compound introduced in the system will "suffocate" the cancer cancers as they can only live in acidic environments and deprived of oxygen).

the only health issue is my thyroids, but someone on this forum was suppose to add me to skype but never did, i talked to my naturalpathic doctor(close friend, hooks me up and can also for my child) already and said that hyperthyroids can be difficult to treat and that for the time being curing it is very difficult, nevertheless i follow a strict healthy diet recommended by my naturalpathic doctor and its working out so far. so i take care of myself the best way i can. the hyperthyroids came about when i was fighting an infection of an ingrown toenail for almost a decade, that sent my body out of wack.

looking for a stable job? you know its bad when ontario works say good luck. my case worker kelly diet agrees that getting a job that would hold is next to impossible for the moment and that i should continue looking for contracts or farm work related since im in the county.

Windsor, Essex, Cottam employment is non-existant, and if you get a job its only short term. I already asked my case worker and she said she will see what she can do. So im actively looking for jobs, just none is coming up.

 

[HammerDad]

no the dad walked out thus abandoning assuming that this was even true. there are several cases where the judge ruled the non biological dad simply because the mother was with him the longest and that there was no objections for the early childhood. since me and the mother was together on/off regardless its been 8 years.

I think you are missing the point.

Yes, you will be deemed to be the father. That is, until another man comes forward and requests a paternity test and is proven they are the father.

You can't just shove your head into the ground and say that because the other walked out and that because you've been with her longer, the courts will dismiss another persons reasonable claim to paternity. Yes, in some instances paternity claims are dismissed. But not always, and more likely it is actually fairly rare. Why? Because it is generally believed that it is in the childs best interests that they know their biological parents. Further, it is good for the child in the event of critical illness (ie cancer etc) that the bio-parent be available as their DNA, or their family's, is what may save the child. Also for genetic disorders etc.

There are a number of reasons why a court may order a paternity test. And your situation isn't that strong as if it were a married couple trying to protect "their" child and upsetting the child's household.

I understand that you want to be the dad and it is awesome your willingness to be involved and be a father to the child. But I simply don't understand the issue with not being willing to be 100% sure you are the father. It's like your shoving your head in the sand when there are simple tests to be sure.

Ultimately it will be your decision how you proceed. But if I were you, I'd want to know for sure if I am the dad or not. And if I am, then I would gladly accept all obligations that come with being a parent. But if I am not, I wouldn't want to deny the child the opportunity to know their biological parents.

 

[SynGreis]

It's like an episode of Dragon's Den/Beyond Thunderdome.. HD, the OP doesn't concern himself with monetary obligations and things like CHILD SUPPORT. I'm sure the garden and the "earth ship" will take care of everybody, child included of course.

That might be a "new one" for the Courts ^

also i dont appreciate you attempting to label me under something, perhaps if you did simple google searches on earthships its not what you expect.

I already committed myself to paying support whenever i get anything. so its not that im refusing to do so its just i have no money and i suspect my condition wont difer that much for the next year or so.

 

[SynGreis]

I think you are missing the point.

Yes, you will be deemed to be the father. That is, until another man comes forward and requests a paternity test and is proven they are the father.

You can't just shove your head into the ground and say that because the other walked out and that because you've been with her longer, the courts will dismiss another persons reasonable claim to paternity. Yes, in some instances paternity claims are dismissed. But not always, and more likely it is actually fairly rare. Why? Because it is generally believed that it is in the childs best interests that they know their biological parents. Further, it is good for the child in the event of critical illness (ie cancer etc) that the bio-parent be available as their DNA, or their family's, is what may save the child. Also for genetic disorders etc.

There are a number of reasons why a court may order a paternity test. And your situation isn't that strong as if it were a married couple trying to protect "their" child and upsetting the child's household.

I understand that you want to be the dad and it is awesome your willingness to be involved and be a father to the child. But I simply don't understand the issue with not being willing to be 100% sure you are the father. It's like your shoving your head in the sand when there are simple tests to be sure.

Ultimately it will be your decision how you proceed. But if I were you, I'd want to know for sure if I am the dad or not. And if I am, then I would gladly accept all obligations that come with being a parent. But if I am not, I wouldn't want to deny the child the opportunity to know their biological parents.

again, if she didn't want me involved(which she didn't really want me to) she could have said in her answer that i was not the father and thus requested a paternity test, but she didn't. She does NOT want me involved at all.

There was a time where i was uneasy about proceeding, because i requested a pat test 3 times, the final time where she called me and said it was mine and blah blah blah.

what would be the grounds of getting a pat test ordered by the court. Also how much is it, again i don't have all the money in the world.

 

[arabian]

all kidding aside have you been to a medical doctor recently? Hypothyroidism is not uncommon. If this condition is not treated properly you can eat all the healthy things in the world but little value will be absorbed into your system. Can your naturopath friend administer blood tests and find specific autoimmune deficiency indicators? Have you considered you might have a tape worm or other parasitic issue along with your hypothyroid condition? There are many other medical issues to look at. In my opinion you should get yourself healthy before you take on a role of looking after someone else.

Regarding your work. Well I guess having a grow op keeps you close to mother nature and it certainly can be lucrative.

 

[Mess]

also i dont appreciate you attempting to label me under something, perhaps if you did simple google searches on earthships its not what you expect..

I know what "earthships" are. You expect the governement to pay you all the money you need to build one while you work under the table and pay no taxes.

Ignoring your relationship to society, government, the legal system, etc. and then complaining that you can't make a living or getting a grant to build your dream home is as crazy as walking in the rain without a jacket or an umbrella and then complaining to the sky that you are wet.

 

[SynGreis]

all kidding aside have you been to a medical doctor recently? Hypothyroidism is not uncommon. If this condition is not treated properly you can eat all the healthy things in the world but little value will be absorbed into your system. Can your naturopath friend administer blood tests and find specific autoimmune deficiency indicators? Have you considered you might have a tape worm or other parasitic issue along with your hypothyroid condition? There are many other medical issues to look at. In my opinion you should get yourself healthy before you take on a role of looking after someone else.

Regarding your work. Well I guess having a grow op keeps you close to mother nature and it certainly can be lucrative.

yea we checked that, no abnormalities and no tape worm. shes a little stumped.

"I know what "earthships" are. You expect the governement to pay you all the money you need to build one while you work under the table and pay no taxes."

i pay no taxes because i am not liable and am a non-resident in CRA terminology. So i could not even declare taxes EVEN if i wanted to. Check article 13 of the income tax act for more info. Besides, my labour is private and not subject to government or foreign entities.

i never expected the government to grant something like that to me, but if the government was given credible evidence that there is a type of housing that surpasses kyoto agreement guidelines, do you think they will go for it?

Nope, not at all, its not beneficial for energy giants such as oil companies or hydro companies, it will upset the economy even more then it already has.

"Ignoring your relationship to society, government, the legal system, etc. and then complaining that you can't make a living or getting a grant to build your dream home is as crazy as walking in the rain without a jacket or an umbrella and then complaining to the sky that you are wet."

how am i ignoring the society when i do so much for free for the benefit as the community, i volunteer countless hours for the thrift shop and homeless shelter because i understand they are shortstaffed.

how am i ignoring the government when i read their acts rules and regulations to the best i can and point out the errors of their own judgment with the police force and their charter.

how do i ignore the legal system when im actively utilizing it for family court.

Were getting off topic and getting into semantics, lets get back on topic.

 

[SynGreis]

You have had a case conference already, no? What is your next step? A motion or another conference?

Conference briefs are thrown out after the conference and most of the discussion is without prejudice. So cross examining her answer and affidavit is a waste of time, and may work against you. That is, if you point out flaws at a conference, she will correct it and you lose the opportunity to attack her credibility when it counts.

In such a situation you are better off asking for court ordered mediation and request open mediation. You can then take her statements apart and enter the resulting record as evidence.

At a motion you will highly unlikely have an opportunity to question. It will be primarily a comparison of your affidavits. You may have some limit opportunity to argue, but don't count on addressing every discrepancy.

Highly unlikely you will get records of texts. Contents aren't kept by cell companies and all she has to do is erase them. Records of dates and number of texts can be produced, but to what purpose? You MUST show that this is relevant to the issue. Unless is it warranted, it won't be admissible.

the part where a court order for open mediation, would i have to put that in the brief for any possible orders being made on the custody/acess issue?

or would i have to go about doing that by a completely different motion?

 

[Old Lawyer]

This is a long thread. I can't follow everything quickly but have been asked to comment.

1. Get the dna test. She doesn't know. If the dna test is negative and you still want to be involved fine. Do not go by what she says.

2. If you become involved in child's life you will pay child support even if it turns out you are not the biological father.

3. If it was a relationship of "some permanence" and the child was born then there is a potential obligation for spousal support.

4. I saw the point about not filing tax returns. This does not mean the court can not impute you with income for child support purposes on a variety of bases
- what you could earn based on education or
-- what you appear to spend.

5. Starting a court case re family law when you have not been filing tax returns is a bit risky. Sometimes CRA follows what goes in family court.

6. Start filing income tax returns because you are cutting your self out of ever being able to buy a house or finance a car etc.

7. I have never seen a court order the mother to let the father look after the child to save day care costs. This is raised all of the time and they never go for it. Obviously if the mother and you agree to this this is great but if she isn't agreeing the court is not going to award it.

 

[Mess]

To add to this, if you are registered as the father, the CRA will start asking you for tax returns.

Filing returns, if you have a genuinely low income and can provide receipts for expenses, etc. is in your benefit. There are various income supplements that come into play, GST refunds, etc. It is not huge but the few thousand will make a difference.

If you do end up with joint/shared custody, the child will receive CCTB and other credits and supplements. At your income level this would be several thousand a year. If the mother is intent on daycare, your tax records would qualify for a daycare subsidy. *You noted earlier that the mother is already qualified for subsidized daycare. Your income level would provide additional subsidy.

If you honestly aren't earning that much income, then you are losing, not gaining, by being "off the books." Incorporate your business, claim your expenses, and continue to charge your clients what they are willing to pay. By being on the books you allow them to claim you as a business expense for themselves.

 

[SynGreis]

a few issues filing tax.

I do not have a GST account.
CRA still has not paid my fee for filing for the name. CRA written to the effect that they no longer wish to pursue.
They confirmed they cannot force me to disclose how much i made privately and cannot use it against me.
They have enough information to file something without my assistance.
They have confirmed that I am of non-resident status, and therefor my income is exempted under article 13 of the income tax act.
They confirmed that I cannot sign as I am not the treasury. (LONG STORY)

 

[Mess]

If you are truly of non-resident status you have a snowball's chance in hell of getting any level of custody.

If you are in the country more than 183 days a year, you are then in the country illegally. If you don't have a work permit, you are working illegally. If you don't have a business, you are operating illegally.

I do not believe you that the CRA have "confirmed" any of this.

This will directly impact your family court issues. No judge at a case conference will be satisfied with what you are saying.

I continue to find the title of this thread ironic.

 

[SynGreis]

Allow me to clarify.

The Canada CRA and Immigration refers is only by political affiliation.

The Geographical area of Canada is not the same as to what they say in Canada. If you can provide a definition of Canada that they provide, please show it to me.

Only one I found was in the Interpretations Act under Canada. If you understand what include really means it only sets what the word means to whatever is defined after that.

I did not originally come here for legal arguments, I only came here for guidance on procedure, what documents needs to be filed how they should be filed and what to expect.

Also I would provide the correspondence CRA provided with me, but since I have experience with computers, people can simply say that i photo shopped it.

They said that on more...controversial documents.

 

[HammerDad]

Are you a Canadian citizen or are you a person who ordinarily resides in canada for more than 1/2 the year?

It isn't so much of a tax issue, although that situation definitely won't help you, it is that you have no ties to Canada. You are not a Canadian citizen, you are not paying taxes in Canada, you don't have a real job and you likely have no family ties to the country.

In order to have any chance in court you will likely need to get a real job, prepare a detailed parenting time schedule and prove that you are putting down roots in the community.

The last thing you want is for your ex to do is to argue that you are a flight/abduction risk due to your lack of ties to the country, and then request supervised parenting time.

But your arguments for why you don't pay taxes etc. suck. If you've been living in the country for any length of time, get a real job, pay some taxes and quit leaching off of us that do pay taxes.

 

[hadenough]

HD: the OP hopes to build an "Earth Ship" (did you read that part?) And he's got quite a green thumb by his own description and grows lots and lots of vegetables which he's willing to share in lieu of table amount C/S etc.
He's fully prepared to live off the fat of the land and I suspect he would strongly disagree that he's leeching off anyone.

I should go now. There's some rabbits I can tend to. (From the book: Of Mice and Men). http://en.m.wikipedia.org/wiki/Of_Mice_and_Men

Sorry, I just couldn't resist.

The OP has a unique yet highly unrealistic view of the world we live in. We are all (myself included) wasting our collective breath commenting on this thread. That said, the irony of it all for me is that the OP displays more interest in spending time with/seeing the child than my ex does (re: S14) so I have to give him credit there.

 

[SynGreis]

HammerDad thank you for your helpfulness.

I do have a job as stable as possible. Jobs around here is not full time and you can be let go at anytime, i actually went around looking for jobs within a 40 minute walk from my place of residence. all but 1, tim hortons, said they are not looking for new people, 1/3 of them approximately said they have to let go of some staff. Tim hortons is only offering part time, i still make more money off of my projects then tim hortons.

I normally sit in court when i am in the city for sometimes up to 3 days, just listening to civil cases for my other hobby. It is shocking how many people lost their jobs. All the judges that oversee their case are sympathetic and simply say do the best you can at this time and show that you are trying.

The same applies for family cases for which the ones i can sit in. The same applies, although they encourage a bit more, they nevertheless do not hold it against them, as long as they are willing to look for work they will be sympathetic. The judgments also reflect these decisions.

I do have proof that i have been actively searching for jobs that would be in line of my private contracts. The employers i talked to do not care if im a resident or not for legal purposes, they are mom and pop shops.

I do not have a passport nor do she has any reason to believe i would pose a flight risk.

I am not leeching, i actively took part in volunteering such as food banks, homeless shelters, thrift shops and i can EASILY get documentations to support this. Therefor i am not a leech and i am contributing to society alot more then people would like to think.

I also developed software and hardware to help ease farming labour and thus have more time in investing back into the community. Opportunities like that does not exist if i were to charge. A project like that would cost about 20k$. You think farmers have that kind of money to just drop? No they dont, but i did it because i knew it was a benefit to the community.

I talked to a judge outside when he was just going through notes and i bluntly asked him about what he thinks about volunteering time to these organizations and the projects i do. He replied with something similar to the effect of "Thats great stuff. Do you barter? If so thats a great way to sustain the local communities."

I would not be talking about this if i had a reason they would use it against me and actively pin it against me.

Canada jurisdiction only applies at sea and lakes and rivers. On the land mass the Provincial government supersedes the federal jurisdiction in all matters. If you simply request or correspond to the Attorney General or Lieutenant Governor, they will confirm this.

The provincial duties are there to preserve trusts and estates that we have in our names, and therefor they are the trustees. You can reside in Ontario and yet be outside of Canada. You can also reside into the Republic of Canada and outside the Democracy of Canada. The Democracy only exists in parliament. Anything outside is only a political affiliation. these are supported by judges and the Department of Justice(normally they dont give advice to individuals, but if you state what capacity your in they will answer anything....)

There are several different Canadas. Several judges exhibit and actively explain this in the cases i sit in. Its a real gem to see the expressions on the parties faces.

 

[HammerDad]

HD: the OP hopes to build an "Earth Ship" (did you read that part?)

WTF is an earth ship???

I guess living in the real world has tainted my perspective on reality.

Also, questioning what is geographically Canadian...lol.... lets say if you are living within the Canadian borders as internationally defined and accepted, you are residing in Canada and are subject to Canadian laws etc...

The moon must be full this week....

 

[hadenough]

SynGreis on a personal note re: "i actively took part in volunteering such as food banks, homeless shelters, thrift shops" - that is very kind and generous of you and I really do mean that.

 

[mcdreamy]

WTF is an earth ship???

I guess living in the real world has tainted my perspective on reality.

Also, questioning what is geographically Canadian...lol.... lets say if you are living within the Canadian borders as internationally defined and accepted, you are residing in Canada and are subject to Canadian laws etc...

The moon must be full this week....

As long as you put on your tinfoil hat this morning when you woke up, you'll be safe.