@OP - Divorcing parents that make false allegations against to get a better strategic position are the scum of the earth. And worse still are those that do it to get a more favourable outcome for support payments.
Many of the falsely accused end up settling, giving up or worse getting provoked to behave badly (making it harder for them to pursue their claim through a trial.
They are the same people, but I agree with you.
Why? If there is no evidence, eventually the truth comes out. If you were an equal parent, why shouldn't you have equal access?
It's funny when people claim they were set up with recordings. If you're hot headed or an abuser, it's fair to have less access.
It can be expensive. It can also be freeish.
Claiming to have spent $10-30k before court, but can't afford a couple conferences makes no sense. Traveling an hour for an appointment once every couple months is not an issue either. Not perfect- takes lots of energy.... that's on you. Most can control themselves, especially in front of the judge. If you have not done anything wrong, then you can simply deny it and ignore the rest. Their lack of evidence will come out.
Typical "woe is me" post, blaming everyone else. OP was charged, avoided court, allowed the move, drove for years before asking for discounts, etc. Settled everything, then blames the system.
The system doesn't parent for you. Sit back and ignore the situation and the system will ignore you. Be the reasonable one and you'll find the system is very reasonable as well.
And it�s really disingenuous to the �older�/previous members who fought like hell against false accusations, through years of court, against legal aid applicants, had their kids stolen, watched their kids live in unsafe conditions, dealt with CAS and the police etc. to come on here and moan about how things aren�t fair. I have watched many posters on here lose everything to get 50/50 with their kids�including those who didn�t see their kids for years due to lies�and still they didn�t pull this.
The system does suck and there are a lot of people who have lost out but if you are simply depressed because you have to pay your ex and took an easy road out, there isn�t a lot of sympathy.
I said the system is poop, an over simplification in contrast to StillPayings statement that the system is wonderful.
What rockscan described is a system that is broken in many areas.
Perjury is allowed, disclosure is hard to get, kids are allowed to be taken away.
A working system doesn't fall victim to nefarious behavior.
I don't think SSAN participated in the correct fashion at all. They needed a representative because even here it was difficult to understand due to the language barrier and there was likely a cultural barrier too.
Yes, ideal his ex should not have moved but here that has to be objected to right away. He also didn't understand or assert that he wanted 50/50; I don't recall motions for access, he waited until the end.
Again, before complaining about something it's good to understand it first. Perjury does matter at motion or trial. While you're freaking out about perjury in briefs, the judge doesn't care. Disclosure is easy to get ordered - so easy it can be done at a cc. Kids are most certainly not allowed to be taken away! Unless you allow it or it's granted at motion or trial which is not easy. I've been through all of that and the system worked perfectly - while being free-ish.
It's easy to give up and blame the system, and most do, but for those who actually use it - the system is magical. 50/50, return of children, enforcement, equalization... where all your reasonable dreams come true.
You have to point me to the system you were working within because it wasn't the one I was.
Unless one can show the children are endanger one has to wait until the CC to get their kids back if the ex abducted them.
Perjury? There are tons of threads on how it is OK. My ex did a lot of that at motions and the judge didn't say a word.
Disclosure? ha! my ex spits on court orders for disclosure. It would have cost me a fortune to get them to cough it up.
Family Court works when both sides agree to participate in good faith or one side has the absolute good on the other like assault etc.
The ones who do get "lucky" is because their ex-wives are kind of enough to settle for 50/50, but 50/50 is a rarity in Canada if the Mother decides against it.
Absolutely never going to work. As soon as they are with an legal guardian that is considered not to have severe mental health issues they are hands off.- but if your child is abducted you would have the police looking for them and an emergency court order for their return the same day.
It differs from region to region but the rules I am talking about state that it is not an urgent motion unless the child is in danger.Failing that, you could have an urgent motion within weeks or regular motion within 3 months. The longer you wait, the bigger hole you're digging out of.
others can pipe up on this.It's not OK and usually irrelevant. Motion/trial is on facts, evidence and straight numbers. Trial orders are where you'll see the consequences explained- either through insults and/or financially.
I couldn't believe it either but that is what my lawyer said.This speaks to you. Pertinent disclosure is easy to get or comes with punishments enough to produce it.