I'm Back !!!!

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Old Nov 3rd 2012, 4:57 pm
  #76  
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Default Re: I'm Back !!!!

Originally Posted by james.mc
@Almost Canadian ... Thanks for your input. IMHO it would have been more beneficial to the OP if you'd done that many posts back.

On comments in this thread from all parties
I'm somewhat taken aback with the sniping and flippant one liners that appear to be predominantly posted by those with thousands of posts. There certainly appears to be an element of holier, more clever, more important than thou creeping in around here. Deny it all you like however, that is my observation.

I always viewed Canadians in general as polite people. (Cue a 'But we're not Canadian!' retort!)

I've recently received a friendly PM from the OP who, to put it bluntly, is disgusted with some of the remarks that have been made throughout the course of this thread by prominent BE members, to the point that he may not bother with the Forum any more. Personally I'm not surprised, as a few have not been intended to be helpful to the OP.

Surely the idea here at BE is to help others in a friendly community like fashion, not spend time jumping over, berating or being flippant with other forum posters. I'm as much up for a laugh as the next person, and have to admit that British humour is probably the best in the world, but then sadly these days so is the British tendency to try and knock people down, or make them feel small, in a similar fashion to the British press. It sometimes makes one ashamed to be British in such situations.

Maybe I'm a little more observant of that fact, having been Ex-Pat since 1995.
Once again, thank you for your comments.

My first post on this thread pointed out that the advice you gave was incorrect. I do not believe I adopted a holier than thou attitude. You have not provided any authority that supports your position. If you believe that what I said was incorrect, please have the courtesy to explain where I was wrong.

I accept that you may wish to help people but, if the help you provide is incorrect, do you not belief that it is helpful for others to point this out?
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Old Nov 3rd 2012, 5:04 pm
  #77  
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Default Re: I'm Back !!!!

Originally Posted by Hawk13
If it's any consolation, you're not alone and once you get past it's just money, it gets better. And don't let the lawyer wind you up, that's their job.




Man, didn't you learn your lesson the first time. Like a bunch of us have already mentioned, just wait until she finds someone and needs the divorce and see how it goes. If you really need to get married, I'd get Elvis to do it.

Oh and once you live together for 6 months, the same rules apply as if you were married.
The comment you made regarding 6 months, where do you believe that applies and in what sense?
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Old Nov 3rd 2012, 5:05 pm
  #78  
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Default Re: I'm Back !!!!

Originally Posted by Almost Canadian
Once again, thank you for your comments.

My first post on this thread pointed out that the advice you gave was incorrect. I do not believe I adopted a holier than thou attitude. You have not provided any authority that supports your position. If you believe that what I said was incorrect, please have the courtesy to explain where I was wrong.

I accept that you may wish to help people but, if the help you provide is incorrect, do you not belief that it is helpful for others to point this out?
Morning

I didn't say I was referring to anyone in particular. Feeling a little guilty maybe?

Anyway...
Originally Posted by dbd33
No doubt someone who has been both a solicitor and a lawyer (simultaneously already!) will be along to comment however the idea that an order cannot be enforced because one party is abroad is bollocks. It might not be, but then again it might not be, if both parties were in Canada.
Originally Posted by Almost Canadian
As stated above by another poster, there is lots in this post that is nonsense!

Please tell me the difference between a solicitor and a lawyer in the UK. Please provide me with the legal authority that supports your position.

Judgments obtained in England and Wales can be very easily enforced throughout the common law Provinces in Canada. This may be possible in Quebec as well, I genuinely do not know.
Play nice you multi k posters eh?

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Old Nov 3rd 2012, 5:32 pm
  #79  
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Default Re: I'm Back !!!!

Originally Posted by Hawk13
If it's any consolation, you're not alone and once you get past it's just money, it gets better. And don't let the lawyer wind you up, that's their job.




Man, didn't you learn your lesson the first time. Like a bunch of us have already mentioned, just wait until she finds someone and needs the divorce and see how it goes. If you really need to get married, I'd get Elvis to do it.

Oh and once you live together for 6 months, the same rules apply as if you were married.
Originally Posted by james.mc
Morning

I didn't say I was referring to anyone in particular. Feeling a little guilty maybe?

Anyway...




Play nice you multi k posters eh?
No, I don't feel guilty. The post I quoted mentioned me specifically.

Judgments of England and Wales can be enforced in Canada. Another poster provided you with the authority for this. Once again, please provide me the courtesy of indicating where what I said was wrong.
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Old Nov 3rd 2012, 5:42 pm
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Default Re: I'm Back !!!!

Rather than correct my previous post once more, I'll leave it as is.

From one BE forum member to another.
To be told that something is bollocks when the poster doesn't know the full story is well.. IMHO an incorrect way of approaching it.

Maybe ask for more informaton before passing such a definitive judgement. That would be a nice Canadian way to behave eh?

As stated above by another poster, there is lots in this post that is nonsense!
That's not what the poster stated. The poster said it was Bollocks. Plus there was not lots in the post that was nonsense. The post made perfect sense I believe, but may have been somewhat incorrect by way of a point of law. Which you offered your opinion on.

I'm having fun here Hows the weather in your neck of the woods by the way?
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Old Nov 3rd 2012, 6:07 pm
  #81  
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Default Re: I'm Back !!!!

Originally Posted by Almost Canadian
The comment you made regarding 6 months, where do you believe that applies and in what sense?
Correct me if am wrong but once you live together for 6 months, you are considered common law. Is it a year? Or have the rules changed?
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Old Nov 3rd 2012, 6:12 pm
  #82  
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Default Re: I'm Back !!!!

Originally Posted by Hawk13
Correct me if am wrong but once you live together for 6 months, you are considered common law. Is it a year? Or have the rules changed?
Oh you'll be wrong for sure.... cue: Almost Canadian
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Old Nov 3rd 2012, 6:18 pm
  #83  
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Default Re: I'm Back !!!!

Originally Posted by Hawk13
Correct me if am wrong but once you live together for 6 months, you are considered common law. Is it a year? Or have the rules changed?
In which jurisdiction? What rights do you believe are granted by being "common law"?
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Old Nov 3rd 2012, 6:23 pm
  #84  
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Default Re: I'm Back !!!!

Originally Posted by Almost Canadian
...No, I don't feel guilty. The post I quoted mentioned me specifically...
You are quite correct the post did mention you specifically but believe not in the context you are suggesting.

In specific reference to yourself I wrote:
Originally Posted by james.mc
@Almost Canadian ... Thanks for your input. IMHO it would have been more beneficial to the OP if you'd done that many posts back.
See… I said thank you. Nice eh?

The rest of the text quoted by you was clearly not aimed at you specifically, so just suck it up eh?

Originally Posted by Almost Canadian
...
Judgments of England and Wales can be enforced in Canada. Another poster provided you with the authority for this. Once again, please provide me the courtesy of indicating where what I said was wrong.
Nobody, myself included, has said you are incorrect in your point of law have they?

Long back (upthread as you put it - I like that by the way ) I wrote:

Because you are an overseas resident they would not be able to enforce any UK imposed maintenance order.
OK so now I know that in reference to UK-Canada that clearly isn't the case, but I was referring to personal experience and, at the time of the court hearing I was based in various parts of Asia for a few months at a time. The judge indicated that there was no way a family court in Brighton could enforce such a judgment on me as an overseas resident based on my location.

But do you know what? You seem more keen to be seen as correct, and correct others, than genuinely wanting to help the OP that started this thread. An OP by the way that has been chased away by the totally unhelpful responses that he received. This is why I suggested people play nice. After all, whats the point in driving members away.. or the Canadian section of BE forum supposed to be a place were people should tough it out?

Yes! I was wrong, but at least I can see that from time to time I may be wrong. Can you say that about yourself or are you always right?
Because it appears that you seem to be hanging out for me to admit that you were right all along, bless your little cotton socks

OK once again for effect... here we go. Almost Canadian.... You were correct. You are the man!

I just hope that I have more to get on with my life in Canada than paying daily visits to this forum to explain how good I am at working offshore.

By the way, if anyone want some help on that score drop me a line. I promise not to bite your head off
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Old Nov 3rd 2012, 8:14 pm
  #85  
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Default Re: I'm Back !!!!

Originally Posted by Almost Canadian
In which jurisdiction? What rights do you believe are granted by being "common law"?
To me this does sound holier than thou ....
Can't you just answer along the lines of, for example, unfortunately this us nit true in most jurisdictions ...,
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Old Nov 3rd 2012, 8:34 pm
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Default Re: I'm Back !!!!

Originally Posted by The4BellsLondon
To me this does sound holier than thou ....
Can't you just answer along the lines of, for example, unfortunately this us nit true in most jurisdictions ...,
I don't know what "rights" the poster is referring to. For example, I dont know of any jurisdiction that would require people to obtain a divorce after being "common law" for 6 months. I don't know of any jurisdiction that, when dealing with "access" to children, treats married and unmarried children .

As I requested above, if the requester provides specifics, I may be able to respond.
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Old Nov 3rd 2012, 9:07 pm
  #87  
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Default Re: I'm Back !!!!

Originally Posted by Oakvillian
^^^ This. Soundest advice so far on this thread.
+1.

And OP, probably check/update your will.
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Old Nov 3rd 2012, 10:14 pm
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Default Re: I'm Back !!!!

Originally Posted by Almost Canadian
I don't know what "rights" the poster is referring to. For example, I dont know of any jurisdiction that would require people to obtain a divorce after being "common law" for 6 months. I don't know of any jurisdiction that, when dealing with "access" to children, treats married and unmarried children .

As I requested above, if the requester provides specifics, I may be able to respond.
You may possibly have made a mistake concerning the wording of married or unmarried children?

In which jurisdiction?
I can understand how you may need to know the jurisdiction, but you have indicated 'upthread' (told you I love that one ) that you practice, or have practiced, or are entitled to practice (it's got to be one of those ) in the UK and Canada (or a certain province in Canada) so you should already know the answer in general terms, so why bother asking?

What rights do you believe are granted by being "common law"
And now the trap is set.
It's typical of your line of posting. You probably full well know what rights are granted by being 'common law' yet you are inviting the poster whom probably knows little about law to post what they think the 'common law' rights might be, only for them to be subsequently corrected by yourself. This is likely to (no doubt) prove how knowledgeable you are to the rest of the Forum.

In the first instance, as The4BellsLondon indicates, you could have simply posted (in general terms) what the rights might be. Simples! tch!

I'll add to that... in either in the UK or Canada, and shown us all how helpful you can be.

Play nice eh? We'll love you for it.. honest

Last edited by james.mc; Nov 3rd 2012 at 10:27 pm.
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Old Nov 3rd 2012, 10:31 pm
  #89  
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Default Re: I'm Back !!!!

Anyway. It's time for bed for me... catch you guys later. Have fun

I hope the OP comes back and I sincerely hope he gets a little more of a friendly reception and then goes on to solve his problems.
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Old Nov 3rd 2012, 11:53 pm
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Default Re: I'm Back !!!!

Originally Posted by james.mc
You may possibly have made a mistake concerning the wording of married or unmarried children?
I did. I also omitted the words "parents" and "differently".

Originally Posted by james.mc
I can understand how you may need to know the jurisdiction, but you have indicated 'upthread' (told you I love that one ) that you practice, or have practiced, or are entitled to practice (it's got to be one of those ) in the UK and Canada (or a certain province in Canada) so you should already know the answer in general terms, so why bother asking?
On the issue of non divorce family law, there is no such thing as Canada. Divorce is governed by federal legislation, all other family law is governed by Provincial legislation or the common law. So, without knowing which jurisdiction the requestor was talking about, it would be impossible to provide a correct answer, even if I knew what it was. Unless the jurisdiction in question is Alberta or England and Wales, I do not know the answer.


Originally Posted by james.mc
And now the trap is set.
It's typical of your line of posting. You probably full well know what rights are granted by being 'common law' yet you are inviting the poster whom probably knows little about law to post what they think the 'common law' rights might be, only for them to be subsequently corrected by yourself. This is likely to (no doubt) prove how knowledgeable you are to the rest of the Forum.
I don't care what other posters think of me. You accused me of not answering other requests for information. The requestor asked me about common law, I made no mention of it. I have asked what "rights" are being asked about so that I can attempt to provide an answer.

Originally Posted by james.mc
In the first instance, as The4BellsLondon indicates, you could have simply posted (in general terms) what the rights might be. Simples! tch!
That's the problem. Law is usually nuanced and requires specific facts before a specific answer can be given.

Originally Posted by james.mc
I'll add to that... in either in the UK or Canada, and shown us all how helpful you can be.

Play nice eh? We'll love you for it.. honest
I am done with your trolling. If the person that asked the question wants an answer, s/he can answer the questions I have posted above.
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