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Fathers in distress if you ever need to talk, or just vent, please message us Contact: Fathers Rights Canada
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Father Rights Canada / Child Support and custody

Sunday, September 15, 2019 - Fathers - Not disclosed - Fathers Rights Canada

I would like this posted anonymously, please : I apologize for the length of this in advance. My husband's ex common law wife was granted child support, going back retroactively to a very specific date. He'd had sole care of the child in his home only from that specific date, until a year later, but had no proof of this.

We have just gotten proof, via police and cas reports, of he alone having the child from that specific date until 2 mths later (we are trying to obtain proof of the rest of the time period). We have also obtained proof that the child advocate lawyer, assigned to his child for the case, received via fax the same cas report a mth before the final judgement, and a note with it from the cas case worker telling him that my husband had sole care of the child from that date, and that the mother was barred from the home, and from contacting him or the child, on that date, because she had assaulted my husband, and admitted it to police and cas.

We believe the only way the Judge would have ordered retroactive child support going back to the date she was barred from contact with the child would be if the child advocate lawyer and the mother had knowingly withheld this information, as she was not legally entitled to child support for time the child did not live with her. Even though we can only physically prove a 2 mth time frame of this, is it still grounds to have the original Final Order set aside and declared invalid ? The same order gave her sole custody, and visitation at her discretion only, because she swore to the court that she'd had sole care of the child in her home from that date onward, due to (false and unsubstantiated) drug/alcohol problems of my husband. Because she was granted this Final Order, she was able to use it to obtain a Restraining Order against my husband, and a Change of Child's Name. She has used the "Visitation at her Discretion", and the RO to keep him from seeing his child for 12 yrs now.

We know that if we have grounds for this original Final Order to be set aside and declared invalid, that the Supreme Court says there is no time limit for having the original order overturned. Our question is, do we have grounds to have the original final order set aside, and what are our possible chances of this ? This came about because my husband filed a Motion to Change to have his support lowered 6 mths ago, and to have visitation enforced, and she is using the original Final Order and the RO to request it be denied, and to request a new RO be issued for her and the child. In her Response Affidavit for this Motion, she states "I have been a full time parent since the beginning", "I have raised the child by myself since the beginning" (We have proof they lived together for almost 2 yrs after the child was born and raised her together during that time), and "Our relationship ended because he refused to quit drinking and smoking pot".

These are the same things she swore in the original case. If the original order gets overturned based on the fraud, perjury, and wilful failure to withhold information that he is claiming, can he have her charged with these things, and can he have her charged with Theft Over $5000 since the money was obtained due to her fraud ? Can he also have the subsequent RO and Change of Child's Name be set aside as well, if the original Final Order gets set aside, as without sole legal custody, she had no legal right to change the child's name ? Thank you for any and all advice

PS She is also asking the court to "ignore Federal Support Table Guidelines, and order support be raised from what it is now", despite the fact that we were asking it to be lowered based on his last 5 yrs tax returns

Contact Location: Ontario Canada

- Fathers Rights Canada
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Sunday, September 15, 2019
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