Found Safe Canada - O’Driscoll-Zak sisters, 2 & 5, abduction by aunt & grandmother, Cochrane, 12 Mar 2021

[MistyWaters]

I have to say the audacity of the mother’s lawyer is astounding. If the mother has any sense at all she’d dump this woman because fanning the flames of an already volatile situation serves no worthwhile purpose except to get the lawyers name in the media. Why wasn’t she demanding to know the whereabouts of the children while they were abducted by the grandmother and aunt?

As I recall when the children’s father was granted sole custody and it was at his discretion to arrange any visitation for the mother. IMO unless the court mandates something different, he is very wise to take necessary action to protect himself and the children from the craziness on the maternal side. No real surprise if the RCMP deem his and/or the children's well-being to be at risk as the maternal history of thumbing their nose at court decisions and violating laws in general speak volumes to their self-serving mindset. JMO

 

[MistyWaters]

I have to say the audacity of the mother’s lawyer is astounding. If the mother has any sense at all she’d dump this woman because fanning the flames of an already volatile situation serves no worthwhile purpose except to get the lawyers name in the media. Why wasn’t she demanding to know the whereabouts of the children while they were abducted by the grandmother and aunt?

As I recall when the children’s father was granted sole custody and it was at his discretion to arrange visitation for the mother. IMO unless the court mandates something different, he is very wise to take necessary action to protect himself and the children from the craziness on the maternal side. No real surprise if the RCMP deem his and/or the children's well-being to be at risk as the maternal history of thumbing their nose at court decisions and violating laws in general speak volumes to their self-serving mindset. I’d consider them highly dangerous too. JMO

 

[Seattle1]

I have to say the audacity of the mother’s lawyer is astounding. If the mother has any sense at all she’d dump this woman because fanning the flames of an already volatile situation serves no worthwhile purpose except to get the lawyers name in the media. Why wasn’t she demanding to know the whereabouts of the children while they were abducted by the grandmother and aunt?

As I recall when the children’s father was granted sole custody and it was at his discretion to arrange any visitation for the mother. IMO unless the court mandates something different, he is very wise to take necessary action to protect himself and the children from the craziness on the maternal side. No real surprise if the RCMP deem his and/or the children's well-being to be at risk as the maternal history of thumbing their nose at court decisions and violating laws in general speak volumes to their self-serving mindset. JMO

Well at least we know that nothing has changed on the maternal side -- rules only apply to others. MOO

 

[everybodhi]

The latest -

Girls allegedly abducted now in secret location, lawyer tells court | Calgary Herald

“Diann Castle, who represents the girls’ mother Jacqui O’Driscoll Zak, said her client has no idea where her ex-husband, Colin Zak, has taken her daughters.

“We don’t know the whereabouts of where the children are,” Castle told Justice Johanna Price, who Castle wants removed from the case.

Castle said lawyer Penny Pritchett, who acts for the father, has refused to divulge the location where the children are currently living and fears he has removed them from the province in violation of a court order......

.......Castle said Zak has moved from his residence “and he has put on Facebook that he is selling all the items of his home.”

Pritchett said she told Castle the RCMP had advised Zak to relocate to keep out of harm’s way.

“I don’t imagine any of us want to run afoul of what they’re doing in terms of their investigation (into the children’s disappearance),” she said.

Police charged the grandmother and aunt after the girls were located on April 14 in B.C.....”

It sounds like rather then arguing actual bias of the judge, they are now arguing she should be recused because the mother feels like there is bias.

Castle argued Price should recuse herself because of an apprehension of bias her client has over the judge’s conduct of the case.

 

[everybodhi]

Well at least we know that nothing has changed on the maternal side -- rules only apply to others. MOO

They also organized a protest in front of the courthouse during the hearing, the social media is wild.
Hypothetically, besides RCMP’s advice, Children’s Services could have placed them at an undisclosed location with their father, I guess, but posting that is only more obvious validation for his move. IMO

 

[MistyWaters]

It sounds like rather then arguing actual bias of the judge, they are now arguing she should be recused because the mother feels like there is bias.

Yeah, I suppose it boils down to if the judge had sided with her then there’d be no allegation of bias.

What’s really wonky is by now that custody file probably fills many boxes. There’s mention within the court decisions filed on Canlii of various other professionals involved in assessing, planning and intervention. Are they all biased too? Because Judges base their decision on information contained within those documents.

But of course this lawyer is getting paid for her services.....no scruples in her tough talk while leading on this mother IMO.

 

[everybodhi]

Yeah, I suppose it boils down to if the judge had sided with her then there’d be no allegation of bias.

What’s really wonky is by now that custody file probably fills many boxes. There’s mention within the court decisions filed on Canlii of various other professionals involved in assessing, planning and intervention. Are they all biased too? Because Judges base their decision on information contained within those documents.

But of course this lawyer is getting paid for her services.....no scruples in her tough talk while leading on this mother IMO.

A bold move for this family to argue their fears and suspicions of him breaking a court order and taking the children out of Alberta.
They aren’t very self aware.

 

[MistyWaters]

A bold move for this family to argue their fears and suspicions of him breaking a court order and taking the children out of Alberta.
They aren’t very self aware.

Yes and for all we know there could’ve been adequate grounds for a Protective Order to be filed and he was authorized by the Court to leave the Province. If so, who has the mother to blame but herself and her family members. The losers are the children who are caught in the middle of a ridiculously hostile battle IMO.

The lawyer eludes to the father taking wrongful action, shades of another abduction scenario, yet she admits she was told he’s in contact with the RCMP who have federal jurisdiction.

“I was told the RCMP know where the children are,” she said.“
Girls allegedly abducted now in secret location, lawyer tells court | Calgary Herald

 

[Ninja Bunny]

When you think about it, correct or not, it seems like the mother (youngest daughter) had her children abducted by her older sister and her mother. There are three daughters in the family, and this cannot be ignored as "sleuthing family members."

Family members are involved in the abduction. The oldest daughter is a pushing 40ish aged spinster lawyer, over achiever.

If she were a male would she be referred to as a “spinster” or “over achiever”? Men can be unmarried and have a desire to achieve things but these are negative traits for a woman?

 

[everybodhi]

If she were a male would she be referred to as a “spinster” or “over achiever”? Men can be unmarried and have a desire to achieve things but these are negative traits for a woman?

An unmarried male is referred to as a “bachelor” no matter how old. Kind of a compliment without any implication he can’t snare a wife.

 

[everybodhi]

The Monday appeal of the interim custody order was changed to Tuesday at 10:00 AM, rumored, (by an outspoken source of unsubstantiated rumors), to be changed again to 1:30 PM, but that time is not reflected on the court website.
You can watch via WebEx.
Register here, Calgary Appeal Hearing List Court 2
Court Lists

 

[MistyWaters]

Calgary Herald continues to report on this case.

Lawyer argues girls who were allegedly kidnapped should return to mom | Calgary Herald
“......Castle told the appeal judges that Price erred when she found her client, Jacqui O’Driscoll Zak, in contempt for not complying with a court-ordered visitation on Feb. 11.

The lawyer said Price had already decided the case before the March 12 contempt application and she’d never seen a proceeding where custody was switched without a proper hearing......

......But the father’s lawyer, Penny Pritchett, said the Court of Queen’s Bench judge was well within her powers to switch custody based on O’Driscoll Zak’s ongoing conduct.

“Ms. O’Driscoll is very clear that she does not want Mr. Zak to have any relationship with their two daughters,” Pritchett said.

“The history of this file is one of parental alienation and contempt of court by Ms. O’Driscoll.”

The appeal judges reserved their decision...”

 

[Cordelia Gray]

The Monday appeal of the interim custody order was changed to Tuesday at 10:00 AM, rumored, (by an outspoken source of unsubstantiated rumors), to be changed again to 1:30 PM, but that time is not reflected on the court website.
You can watch via WebEx.
Register here, Calgary Appeal Hearing List Court 2
Court Lists

Did anyone tune in?

 

[everybodhi]

Did anyone tune in?

I missed it, 10 am in Calgary is midnight for me and I had forgotten everything by then.
I read somewhere online that only the lawyers and the three women judges were on mic and video and it’s simply a matter of a technicality as to whether custody can be changed at a contempt hearing.
There have been no social media posts since the hearing so maybe they got some good advice about trying to prove a case in the court of public opinion.

 

[Seattle1]

The appeal judges reserved their decision...”

^^sbm
Did the appeal panel indicate a date when the parties could expect this reserved decision? Did they request additional information from them?

 

[MistyWaters]

^^sbm
Did the appeal panel indicate a date when the parties could expect this reserved decision? Did they request additional information from them?

No, unfortunately no date for the decision was given. Though much like the earlier appeal, I’d imagine the full document will be downloaded to Canlii as soon as it’s released.

 

[everybodhi]

The Court of Appeal Madam Justice Frederica Schutz dismissed JOD’s April application seeking a stay of change of custody to CZ, pending this appeal.
After the judge laid out many reasons written in a lengthy decision as to why interim custody is granted to the father, I will be surprised if the same Court of Appeal now says any different.
The lawyers are raking in the bucks, though.
More conflict=more money.

 

[modesty blaise]

These people are nuts!

 

[concon19]

From the Calgary Herald today:

The judge who granted a Cochrane dad interim custody of his two daughters after finding their mother in contempt has declined to recuse herself for alleged judicial bias.

But Justice Johanna Price said she will step down as case management judge so Jacqui O’Driscoll Zak can focus on what’s in her daughters’ best interest, rather than the judge’s involvement in the case.

Judge declines to find Cochrane mom has established judicial bias | Calgary Herald

 

[MistyWaters]

From the Calgary Herald today:

The judge who granted a Cochrane dad interim custody of his two daughters after finding their mother in contempt has declined to recuse herself for alleged judicial bias.

But Justice Johanna Price said she will step down as case management judge so Jacqui O’Driscoll Zak can focus on what’s in her daughters’ best interest, rather than the judge’s involvement in the case.

Judge declines to find Cochrane mom has established judicial bias | Calgary Herald

I think the Judge was wise to step down, as well as proving the one to replace her is no less “biased”.

From your link -
“I find that Jacqueline has failed to meet the high burden to provide cogent evidence in support of her allegations of bias or reasonable apprehension of bias to have me recused as the case management justice in this matter,” Price said.

“This said, I feel that it would be in the best interests of the children that I nonetheless step down as case management justice,” she wrote.

“I would much prefer that the parties focus and direct their attention on the needs and best interests of their children and come to a final resolution for their parenting arrangement.”