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Common law spouse filed with rcmp spouse assulted her male…

Customer Question
Common law spouse filed with...
Common law spouse filed with rcmp spouse assulted her male arrested bail hearing bail paid with no contact order court date set found on accused labtop in history texts stated by complaitive stating he had not hit her at all is this a criminal offence to file a false complaint ?
Submitted: 1 month ago.Category: Canada Law
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Customer reply replied 1 month ago
She wanted to take the two children away he told rcmp he didn’t do it victim services relocated her provided new phone and number she made a false claim he never injuried her
Customer reply replied 1 month ago
Can she be charged or jailed and children removed for false claims
Answered in 24 minutes by:
3/10/2018
Lawyer: Ulysses101, Lawyer replied 1 month ago
Ulysses101
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3,721
Experience: 11 years experience in Canada family law, plus criminal, civil, and employment
Verified

Hello, thank you for the question.

As we discuss this, please pay attention to your our communications. I need to be able to clearly understand you.

Are you the father? The mother? What is your connection?

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Customer reply replied 1 month ago
I am the go between the two because of no contact mother of the accused and mother in law of accuser
Lawyer: Ulysses101, Lawyer replied 1 month ago

OK. So dad has a criminal lawyer. Does that lawyer have this evidence of mom admitting she lied about the assault?

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Customer reply replied 1 month ago
No not yet Monday all I want to know will there be repocussions ofthis action of any kind
Lawyer: Ulysses101, Lawyer replied 1 month ago

There can be repercussions.

However, your son can't simply plead guilty to "get it over with" or agree to a withdrawal of the charge in favour of a Peace Bond.

In order to level the playing field in the family dispute he needs to specifically instruct his lawyer to pursue the Crown withdrawing the charges against him, and charging the mother with criminal mischief for lying to the police and having him falsely charged.

Whether the children are "taken away from mother" is a totally separate issue. If she's charged with criminal mischief then father can use that as good evidence in family court. This won't be easy; there loads of services, money, and help for women who claim to have been abused. But it can be done.

Remember that in family court, it's the "children's best interests" which determine where they live. Mother lying won't directly lead to the children going to dad; custody isn't awarded as a punishment for parental behaviour, it's about best interests. Dad will still need to show that the children are better off with him than with mother, which is a totally separate issue.

Does that make sense? I'm here if you have questions or comments. If I've answered you, may I please have a positive service rating? Ratings are how I get paid by the site for helping you today. I'd appreciate a 5 star, it would help my statistics.

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Lawyer: Ulysses101, Lawyer replied 1 month ago

Have you read what I wrote to you yet?

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Ulysses101
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Category: Canada Law
Satisfied Customers: 3,721
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Experience: 11 years experience in Canada family law, plus criminal, civil, and employment

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