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#101
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"SpiderHam77" wrote in message
oups.com... If that means the rest of you all think of me as some Wuss Ass.. then fine.. Thats your Right. SpiderHam77 Quite the opposite, actually. I also think you're one of few participants in this thread making any sense at all. -- Rhiannon "DOS, this is WINDOWS, I taking over the harddisk." -- Anon |
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However that said. One of the reasons woman have recieve custody
is due to the fact that when custody is being decided the father is no where to be seen. Now this is due to a number of reasons. ----Please expand because it sounds like you're saying men are 'hiding out' as opposed to 'kicked out'. You seem to be trying to lessen the effect of TROs and other manipulations to gain the upper hand in divorce. All I said is that during the course of history one of the reasons that Women have recieve custody over men is due to the fact, that durring the time of custody hearing, agreements, whatever, men were not present. Why they were not there is as varied as the relationship itself. Could be due to the father not being able to get the time off work, and deciding that his job was more important then fighting for custody of his children. Could be the father didn't even know the child exsisted. Could be the mother didn't try and contact the father to advise him of this. As I said I'm not saying there is 1 specific reason for this. But a multitude. Some may include the father not taking an active role in the proceedings, some may include them not even knowing. ------ You appear to think that one presupposes the other; if a father is unhappy about the amount of money he is forced to send to the mother, it does not mean he is not trying to be a father while at the same time paying support may not benefit the child. You seem to be making the classic error of assuming child support is supporting children I never said that. If I gave that impression I apologize. I do know of many fathers that despite feeling they are being raped in terms of Child Support do try their best to be a father to their child. And anyone who is trying their best to be a parent to their child will always have my support. But alot of people in here seem to give the impression they want nothing to do with the child in the first place, and feel it's unfair that have to pony up the cash to support something they didn't want. Or bitching about being a paycheque for their child. ----Most attorneys will admit that a man trying to gain custody after the mother has filed for divorce is unlikely to gain it and can only be done against her wishes by destroying the mother's reputation by proving her unfit. This usually costs at least $50k, ($80 Can). In short, it is all legal language and positioning; nothing about the children's best interests I don't know about in the states. I don't live there. But I know here in Canada the courts on a daily basis are reconizing the rights of fathers more and more. And are awarding such things as custody, joint or sole, in favour of the father petitition as it is in the best intrest of the child to have 2 caring parents. You can respresent yourself in court. Just sit down talk to a lawyer, pay a little for his time to get all that you will need out him. Ask questions. You don't need him to represent you in court. As a matter of fact I have heard of many fathers that by appearing in front of a judge and explaining that it was either pay for a lawyer, or a home to raise their children. They chose the lader. As I stated though, that until it can be proven otherwise, at the terms of custody hearings or however you accomplish it. The father should automatically be provided all the same rights as the mother for access to the child. Hence why I support the idea of Joint Custody. But alot of time for Joint Custody to work properly the 2 parents involved have to not only live in the same city, but the same neighborhood. As it has been ruled on many occasions that to force the child to move across town, or to the next town would upset the harmony of the childs upbrining more then it would benefit. Another big problem in I hear people having in the idea of Sole Custody, it's not they object to the mother having it, it's that they just don't want the mother to move away because she can gain better employment, or meets somone. I know my parents upon their divorce had a stipulation written right into it stating that whoever had custody of my brother and I could not move further then 300kms away from the others place of residence for a period of longer then 2 weeks. To allow for a vacation or something. Worked well... Not that either parent did want to move as they were both established in thier jobs here, ect... But it allowed all parties to rest at ease a little as my mother was afraid that my Dad was going to move my Brother and I out to Ontario to be with his family. SpiderHam77 |
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"SpiderHam77" wrote in Well then move to a larger Town where there is public Transit... Move closer to your Place of work... Walk to Work.. Ride a Bike... Roller Blade... The point being that you have the option of reducing your costs... and not spending it unless you choose to live where you are.. and work where you do... Yes, you have all the answers, don't you? Ummm just one question. What are you doing on this group if you have it all figured out? |
#104
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"SpiderHam77" wrote in message oups.com... However that said. One of the reasons woman have recieve custody is due to the fact that when custody is being decided the father is no where to be seen. Now this is due to a number of reasons. ----Please expand because it sounds like you're saying men are 'hiding out' as opposed to 'kicked out'. You seem to be trying to lessen the effect of TROs and other manipulations to gain the upper hand in divorce. All I said is that during the course of history one of the reasons that Women have recieve custody over men is due to the fact, that durring the time of custody hearing, agreements, whatever, men were not present. Why they were not there is as varied as the relationship itself. In my experience and learning, it seems to me that many fathers don't appear in court for the reason that the end game has been determined in advance. From my experience, my attorney claimed right up to going into the courtroom that we could get a better deal but he never advised custody was ever a question. It was always a foregone conclusion that she *would* get custody. Since then, I've asked similar questions of others, including attorneys and the answer has always been the same. Had I known what was going to happen, I wouldn't have wasted my time going either. Of course, a better deal didn't happen either. At the last possible moment, he advised I sign my ex's petition that he raved we could beat. Obviously, just a means to keep his billable hours climbing. Could be due to the father not being able to get the time off work, and deciding that his job was more important then fighting for custody of his children. Could be the father didn't even know the child exsisted. Could be the mother didn't try and contact the father to advise him of this. As I said I'm not saying there is 1 specific reason for this. But a multitude. Some may include the father not taking an active role in the proceedings, some may include them not even knowing. Could it be that due to the TROs, many realize that judges are reluctant to change the status quo? It's an method designed to remove the father temporarily and it works. Most "good" divorce attorney's advise their clients to file TROs for just this reason, even when there is no valid reason to do so other than to gain a foothold in custody. ------ You appear to think that one presupposes the other; if a father is unhappy about the amount of money he is forced to send to the mother, it does not mean he is not trying to be a father while at the same time paying support may not benefit the child. You seem to be making the classic error of assuming child support is supporting children I never said that. If I gave that impression I apologize. I do know of many fathers that despite feeling they are being raped in terms of Child Support do try their best to be a father to their child. Then why the denigration of men who despise the current system that is set up to force a transfer of money to their ex, which is in no way earmarked for the children? And anyone who is trying their best to be a parent to their child will always have my support. But alot of people in here seem to give the impression they want nothing to do with the child in the first place, and feel it's unfair that have to pony up the cash to support something they didn't want. Or bitching about being a paycheque for their child. This is possible, just as there are women who want nothing to do with their children. It happens. I think I can understand some who were never allowed to be a parent, or those who were legally driven from their children's lives, financially drained by an unjust system, just giving up. At some point, even the most ardent fighter realizes when the battle is lost. ----Most attorneys will admit that a man trying to gain custody after the mother has filed for divorce is unlikely to gain it and can only be done against her wishes by destroying the mother's reputation by proving her unfit. This usually costs at least $50k, ($80 Can). In short, it is all legal language and positioning; nothing about the children's best interests I don't know about in the states. I don't live there. But I know here in Canada the courts on a daily basis are reconizing the rights of fathers more and more. And are awarding such things as custody, joint or sole, in favour of the father petitition as it is in the best intrest of the child to have 2 caring parents. Having not read a lot about Canadian courts of late, I cannot agree or disagree with your statement. I do find it difficult to believe. If I had the time and inclination, I'd research it. You can respresent yourself in court. Just sit down talk to a lawyer, pay a little for his time to get all that you will need out him. Ask questions. You don't need him to represent you in court. IMO, the result will not change except one could save a lot of money by going pro se. If I knew then what I know now, I would have simply signed the first petition my ex's lawyer produced. It would have saved many thousands of dollars and lots of headaches. As a matter of fact I have heard of many fathers that by appearing in front of a judge and explaining that it was either pay for a lawyer, or a home to raise their children. They chose the lader. As I stated though, that until it can be proven otherwise, at the terms of custody hearings or however you accomplish it. The father should automatically be provided all the same rights as the mother for access to the child. I agree. He should. Pity he isnt'. Hence why I support the idea of Joint Custody. But alot of time for Joint Custody to work properly the 2 parents involved have to not only live in the same city, but the same neighborhood. As it has been ruled on many occasions that to force the child to move across town, or to the next town would upset the harmony of the childs upbrining more then it would benefit. Joint custody or shared custody? Joint custody is just another name for sole custody. Shared custody means each parent retains at least most of their rights as a parent. If done correctly, child support becomes a non-issue. Another big problem in I hear people having in the idea of Sole Custody, it's not they object to the mother having it, it's that they just don't want the mother to move away because she can gain better employment, or meets somone. You may actually hear it. Feminsts have been using innuendo like this for decades because it works. Phil #3 I know my parents upon their divorce had a stipulation written right into it stating that whoever had custody of my brother and I could not move further then 300kms away from the others place of residence for a period of longer then 2 weeks. To allow for a vacation or something. Worked well... Not that either parent did want to move as they were both established in thier jobs here, ect... But it allowed all parties to rest at ease a little as my mother was afraid that my Dad was going to move my Brother and I out to Ontario to be with his family. SpiderHam77 |
#105
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Well then move to a larger Town where there is public Transit...
Move closer to your Place of work... Walk to Work.. Ride a Bike... Roller Blade... The point being that you have the option of reducing your costs... and not spending it unless you choose to live where you are.. and work where you do... Yes, you have all the answers, don't you? Ummm just one question. What are you doing on this group if you have it all figured out? What am I doing in this group. Thats Simple I enjoy a good debate. I enjoy to hear others ideas on correcting a problem. I have yet to hear good ideas that would help solve these problems. Ones that will work, and alot more people simply bitching about what the current problems are. If your not part of the solution, your part of the problem. SpiderHam77 |
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--In my experience and learning, it seems to me that many fathers don't
appear --in court for the reason that the end game has been determined in advance. --From my experience, my attorney claimed right up to going into the courtroom --that we could get a better deal but he never advised custody was ever a --question. It was always a foregone conclusion that she *would* get custody. --Since then, I've asked similar questions of others, including attorneys and --the answer has always been the same. Had I known what was going to happen, I --wouldn't have wasted my time going either. Of course, a better deal didn't --happen either. At the last possible moment, he advised I sign my ex's --petition that he raved we could beat. Obviously, just a means to keep his --billable hours climbing. You could be right, I have heard about the tatic of the whole TRO to stop you from seeing the children. However that said you can as a father also file for a Immediate Custody order, ask for an emrgency hearing, and gain at least visitation rights until such things are decided. And just simply ask the Police to attend with you durring the pick and drop off of the children. I know of a few people in the states that a similar thing happend to them, and that is how they accomplished seeing their children. --Joint custody or shared custody? Joint custody is just another name for sole --custody. Shared custody means each parent retains at least most of their --rights as a parent. If done correctly, child support becomes a non-issue. Sorry when think of Joint Cusotdy I think of it as you say shared custody. I didn't realize there was a major difference between the 2. And your right in Joint (Shared) custody usually the idea of support payments are simply thrown out the window, as the actual cost of the child is being shared by both parents equally. --This is possible, just as there are women who want nothing to do with their --children. It happens. I think I can understand some who were never allowed --to be a parent, or those who were legally driven from their children's --lives, financially drained by an unjust system, just giving up. At some --point, even the most ardent fighter realizes when the battle is lost. Your right I think some people do just eventually throw in the towel. Which is one of the reasons I think the reforms we should be fighting for is equality of parents. Both parents should automatically be awarded the idea of joint custody unless one parent gives that up. If they do give that up, then I don't think they really have a right to bitch about paying child support as the option was given to them in advance to not have to pay it. They would simply have to arrange care 50% of the time in any given month for their child. One of the other things I think that needs to made up in this new model I am envisioning is a like a No Fault Insurance model. Doesn't matter who you are.. what the claim is, if this, this and this has happend, then bang this is the result. End of story.. no questions asked. However that said, no 2 cases can truley be judged exactly the same when it comes to the well being of children. But I think there needs to rules set up in advance. --Then why the denigration of men who despise the current system that is set --up to force a transfer of money to their ex, which is in no way earmarked --for the children? My intention in the argument was that when child support is paid, it really doesn;t matter where the money goes. As long as the bills for that child are paid. If your ex has say paid her bills 6 months in advance on the Hydro. Does it really matter that she is not directly putting that money towards the hydro bill. No Because it has been paid regardless. My argument about that has been it's simply 6 of 1, half dozen of the other. It really doesn't matter where the money cames from, or where it's going. Just so long as the end result is the same. All the bills are paid. SpiderHam77 |
#107
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"SpiderHam77" wrote in message oups.com... --In my experience and learning, it seems to me that many fathers don't appear --in court for the reason that the end game has been determined in advance. --From my experience, my attorney claimed right up to going into the courtroom --that we could get a better deal but he never advised custody was ever a --question. It was always a foregone conclusion that she *would* get custody. --Since then, I've asked similar questions of others, including attorneys and --the answer has always been the same. Had I known what was going to happen, I --wouldn't have wasted my time going either. Of course, a better deal didn't --happen either. At the last possible moment, he advised I sign my ex's --petition that he raved we could beat. Obviously, just a means to keep his --billable hours climbing. You could be right, I have heard about the tatic of the whole TRO to stop you from seeing the children. However that said you can as a father also file for a Immediate Custody order, ask for an emrgency hearing, and gain at least visitation rights until such things are decided. ? One is served with a restraining order keeping him contacting his wife or children in any way, signed by a judge and you expect him to overlook this and grant some type of exception or amendment to the TRO? Why do I doubt this? And just simply ask the Police to attend with you durring the pick and drop off of the children. I know of a few people in the states that a similar thing happend to them, and that is how they accomplished seeing their children. and many times they will tell you this is a civil matter and none of their business. Even if they do accompany one to the pickup and the other parent refuses to allow the visitation, the police are powerless to do anything but stand by, nothing more. --Joint custody or shared custody? Joint custody is just another name for sole --custody. Shared custody means each parent retains at least most of their --rights as a parent. If done correctly, child support becomes a non-issue. Sorry when think of Joint Cusotdy I think of it as you say shared custody. I didn't realize there was a major difference between the 2. And your right in Joint (Shared) custody usually the idea of support payments are simply thrown out the window, as the actual cost of the child is being shared by both parents equally. No, the support is not "simply thrown out the window". In most cases of shared custody one parent (guess which) is usually forced to provide financing to the other parent. You really don't know much about that which you speak, do you? --This is possible, just as there are women who want nothing to do with their --children. It happens. I think I can understand some who were never allowed --to be a parent, or those who were legally driven from their children's --lives, financially drained by an unjust system, just giving up. At some --point, even the most ardent fighter realizes when the battle is lost. Your right I think some people do just eventually throw in the towel. Which is one of the reasons I think the reforms we should be fighting for is equality of parents. Both parents should automatically be awarded the idea of joint custody unless one parent gives that up. Finally, a statement I can agree with fully. If they do give that up, then I don't think they really have a right to bitch about paying child support as the option was given to them in advance to not have to pay it. They would simply have to arrange care 50% of the time in any given month for their child. One of the other things I think that needs to made up in this new model I am envisioning is a like a No Fault Insurance model. Doesn't matter who you are.. what the claim is, if this, this and this has happend, then bang this is the result. End of story.. no questions asked. However that said, no 2 cases can truley be judged exactly the same when it comes to the well being of children. But I think there needs to rules set up in advance. --Then why the denigration of men who despise the current system that is set --up to force a transfer of money to their ex, which is in no way earmarked --for the children? My intention in the argument was that when child support is paid, it really doesn;t matter where the money goes. As long as the bills for that child are paid. If your ex has say paid her bills 6 months in advance on the Hydro. Does it really matter that she is not directly putting that money towards the hydro bill. No Because it has been paid regardless. I you buy a loaf of bread and give the clerk a $100 bill, don't you expect change? What you are saying, in effect, is that if you gave the clerk a $100 bill for a loaf of bread, you got the bread so what happens to the excess money beyond the cost of the bread is unimportant because you got the bread. My argument about that has been it's simply 6 of 1, half dozen of the other. It really doesn't matter where the money cames from, or where it's going. Just so long as the end result is the same. All the bills are paid. When discussing other people's money, it's amazing how liberal one can be. You just don't have a clue, do you? Phil #3 SpiderHam77 |
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"SpiderHam77" wrote in
ups.com: Well then move to a larger Town where there is public Transit... Move closer to your Place of work... Walk to Work.. Ride a Bike... Roller Blade... The point being that you have the option of reducing your costs... and not spending it unless you choose to live where you are.. and work where you do... Yes, you have all the answers, don't you? Ummm just one question. What are you doing on this group if you have it all figured out? What am I doing in this group. Thats Simple I enjoy a good debate. I enjoy to hear others ideas on correcting a problem. I have yet to hear good ideas that would help solve these problems. Ones that will work, and alot more people simply bitching about what the current problems are. If your not part of the solution, your part of the problem. SpiderHam77 I am not sure why I am responding to this thread. Maybe it will show up in a Google search to help someone... because honestly, I do not see the value of your posts. You see everything as black and white. Just show up to your hearing and you will get custody. hmmm... right. Congratulations... you got what you wanted... but your smugness and hidden vindictiveness make you know better than lots of ex's (i.e. ex- wives). From you posts I gather your ex did not want custody (or access)? Or something you're not telling. But your case is far from the norm... The fact you enrolled your son in a special school and your ex was leaving town, the judge gave that a lot of merit. But, not everyone has the "enrolled-in-special-school-and-my-ex-wants-to-leave-town" card in their pocket. Most children are just in public school, or not in school yet, and most former spouses live in the same town. Judges go to the default. They perceive the child will be better off with the mother. This is their safe choice. And, if you are in court in the first place (a vindictive ex), that 'safe' choice of giving the children to the ex will be used against you over and over again. Sure, Judges then can go home and sleep at night thinking they made the right choice. Hey, if they were raised by their mothers, it must be okay. But that is in an intact family, in different times. I wonder if they were raised by a vindictive ex using them against the other parent, perhaps you would see some more interesting rulings. But judges dismiss vindictiveness, they dismiss false accusations (I have seen it personally and from friends), they dismiss punishing actions and abuse to the children and on and on. It simply boggles the mind. A father has to be 10 times better than the mother to get a least some equal footing. If you are 8 times better, that might not be good enough. You'll be the every other weekend dad with a fast track to the poor house. It sickens me to know end. So you might get joint custody with about 20% access (and really what decisions do you really make), or joint custody with final decision to the mother and some more access... but rarely joint custody and joint access. And all a mother has to do is not make joint custody work, and the judge will give her sole custody. Nice reward, eh. And you mention preparation. How much can you really prepare? I guess you could secretly siphoning off funds from any joint accounts. Move assets to another person (if you can). If you are an involved parent, and both have careers, what can you do? You enter court for custody and access as two parents, maybe one you makes a little bit more than the other, maybe one had a little bit more day-to-day responsibilities... but basically equal. You will lose. Unless you basically kidnap your children, or walk away. Sadly a lot of men give feint accompli. Basically giving in instead of going through a biased system and ending up with a 30K debt at the end. An no further ahead. You ask how to change the system. You need to change the laws. That requires aggressive mailings, faxings, rallies, lobbying, etc. It requires a political clout (i.e. hey, if I'm pro 50-50 I will get more votes). It requires more than just a single senator or MP or private bills. The government has no reason to change the laws. It is a political hot-potato. Right now my contribution is to educate people all the time how bad the custody, access, child and spousal support rulings are. It's a start. H. |
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Henry. Your know I do agree with the goals of giving fathers equal
say in everything from the get go. But again your right, we don't currently live in a system that allows for this to happen. But I still have trouble seeing how I'm so unique. I know people who went through the same thing I did, with out the Autism Card as you put it. And were able to arrange for Joint Custody without to much headache. Even though their exes tried everything in the book, right down to the TRO's as keep getting pointed out. And when looking at their specific cases, I see they did pretty much the samething I did. The planned ahead. Some may call that expecting a divorce to happen. But I simply call it Hoping for the best, planning for the worse. In my specific case my Ex had already arranged for my son to enter into a similar program, if not better one in the city she was going to move to. She had ample resources to care for the child, on a more 1-1 level, as she was going to be supported by family out there. Essentially the only Con I could find with her taking my son, was the fact she would be moving him 2000 miles away. And into the US. Not that I would nevr be allowed to see my son, as I could if I wanted to relocate out there. My issue, and the one I presented to the Judge was that for 2 reasons my son should stay here in the Vancouver area. 1 - I am currently set up here. With a home, same home he has grown up in all his life. 2 - I don't feel I should have reorganize my life to simply accomidate my EX's wishes. I did also play the Autism card slightly, but agreed in open court that in either place my son would adapt quite quickly, and that there was nothing wrong with the environment she was taking him into. The Judge ruled that due to the circumstances of myself being able to prove a stable and reliable lifestyle for my son I would be allowed to have Joint Custody with my wife. And technically thats how the agreement still stands. Just that the other stipulation in the agreemant was that my Ex was going to have to live within a 30km radius of my current home to allow easy transport, to such things as school, daycare, therapy sessions. My Ex about 2 days after the ruling was given climbed on a plane and left. As she knew she would have to wait a year before it could be contested, and she didn't want to live in Canada anymore. She did file a petition down in Ohio State to have the BC Court ruling declared null and void as that was now her place of residence. But luckly there are agreements between Canada and the US in regards to Custody agreements, and courts will not step on each others toes. She was told she would have to fight it in BC. That is the extent of my case. And I have told my Ex on many occasions that if she so choses she is more then welcome to set up residence here and have access to her son on a Joint Custody basis. But so far she has declined the invitation. But the point to all of this is simply that at the start of all of this I kept a level head, and planned for the worse senario. In all honesty I actually planned for worse case senarios then what happend. But I planned. And as a result, following the current laws as they exsist. Having a Female Judge maybe helped as mentioned she didn't have anything to prove. But see I didn't apply for Sole Custody. I applied for Joint as I felt thats what I was entitled to. SpiderHam77 |
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"SpiderHam77" wrote in
oups.com: Henry. Your know I do agree with the goals of giving fathers equal say in everything from the get go. But again your right, we don't currently live in a system that allows for this to happen. But I still have trouble seeing how I'm so unique. I know people who went through the same thing I did, with out the Autism Card as you put it. And were able to arrange for Joint Custody without to much headache. Even though their exes tried everything in the book, right down to the TRO's as keep getting pointed out. Can you eloborate on what "planning" all these people did in advance of entering the court that basically assured them of joint custody, joint access and no or reasonable amount of support? I would like to see what they did differently than anyone else. Like I said, short of kidapping or withholding the kids (since posession is 9 out of 10 points), you go in equal with a system that is biased towards women. Actually, you go in not equal, and have to be 10 times as good to be equal. So, please enlighten us on your super-secret strategy. And when looking at their specific cases, I see they did pretty much the samething I did. The planned ahead. Some may call that expecting a divorce to happen. But I simply call it Hoping for the best, planning for the worse. All I see in your "plan ahead" strategy, as indictated by your next 10 paragraphs, is that you had a child in special needs and enrolled them. The ex took off. The judge didn't want to move the child. What else did you do. What is the super-secret plan-ahead that you keep elluding too? [snipped a bunch of examples repeating the same kid-has-special-needs-ex- took-off wildcard] That is the extent of my case. And I have told my Ex on many occasions that if she so choses she is more then welcome to set up residence here and have access to her son on a Joint Custody basis. But so far she has declined the invitation. How nice and tidy. Good for you. But the point to all of this is simply that at the start of all of this I kept a level head, and planned for the worse senario. In all honesty I actually planned for worse case senarios then what happend. But I planned. Okay, I guess your one piece of advice is to keep a level head. As for planning ahead, you have yet to share your grand scheme. Can you put it in a bullet list? And as a result, following the current laws as they exsist. Having a Female Judge maybe helped as mentioned she didn't have anything to prove. But see I didn't apply for Sole Custody. I applied for Joint as I felt thats what I was entitled to. Yah see, there's that smugness again. People that truly understand the system and what is going, don't shove it in people's face. Joint custody is awarded less than 8% in Canada... and somewhere around 5% for sole-custody to the father. So, good for you. Have a cigar. H. |
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