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

[Mystrywrtr62]

Judge was at the hearing and heard evidence. None of us were. I will go with her decision which was upheld by the court of appeal. They did not overturn any decision she made. They dismissed the mother’s appeal.

 

[otto]

Even if the RCMP believe the mother was involved in arranging the disappearance of her children, what proof is there at this point in time? She claimed she had no knowledge of where they are and it’s not as if the RCMP can talk to the persons responsible as they haven’t been found.

They didn't walk away from the rural home, so they were in a vehicle. The vehicles for the aunt and grandmother are apparently at their homes.

Is the mother claiming that as her daughters were leaving with her family members, just before the custody decision, she didn't see them get into a vehicle? She didn't see who her sister and mother were with? She didn't know that her children were being abducted and that she would not see them for a long time?

" They were last seen at around 9:30 am Friday, March 12th at the children's rural home near Cochrane. "
​

Cochrane RCMP update investigation into search for missing children and adults - DiscoverAirdrie.com

 

[ttcRider]

Found this - FWIW

There are no federal or provincial laws regulating parental alienation in Canada. That being said, some courts recognize parental alienation as a serious issue with potential long-term effects and serious harm for the child. ... A parent who is actively alienating a child may lose custody and or access.

 

[MistyWaters]

The judge wasn't there. She's only displaying more of her deep bias against the mother and her attorney. And the Appeals Court did not say there was evidence the child was in distress because of the mother. The appeals court did state:
the parenting schedule adopted by the case management judge may have been impractical or unworkable.

Did you notice the mother’s (appellant) appeal was denied?

“The appellant appeals both orders, arguing that the case management judge erred in declining to direct a viva voce hearing; in denying the appellant’s application to cross-examine the respondent on his affidavit in support of the contempt application; and in undermining the fairness of the procedure; erred in fact in finding that the appellant had engaged in parental alienation; and erred in failing to be impartial; and in failing to give reasons for selecting the parenting schedule proposed by the respondent. The appellant also applies to adduce fresh evidence in the form of an affidavit sworn by the appellant attaching a number of exhibits intended to demonstrate that the parenting schedule adopted by the case management judge was in error. She seeks an order setting aside the contempt order and the parenting order and directing a viva voce trial upon the conclusion of the reunification therapy.”
2020 ABCA 431 (CanLII) | Zak v Zak | CanLII

 

[MistyWaters]

Found this - FWIW

There are no federal or provincial laws regulating parental alienation in Canada. That being said, some courts recognize parental alienation as a serious issue with potential long-term effects and serious harm for the child. ... A parent who is actively alienating a child may lose custody and or access.

Yes so that parent should lose custody and access IMO. Children are not at fault for their parent’s marriage breakdowns yet they often suffer the greatest consequences.

Parental Alienation Syndrome: What Is It, and Who Does It?
“As a form of child maltreatment, parental alienation is a serious child protection matter as it undermines a basic principle of social justice for children: the right to know and be cared for by both of one's parents.”

 

[Mystrywrtr62]

Express findings of the court of appeal upholding the judges decisions:

“There was ample evidence that the appellant had breached the two previous parenting orders by unilaterally terminating the respondent’s access.”

“The parental alienation issue was fully argued and the case management judge’s finding of alienation by the appellant is supported on the record. There is no basis for any suggestion of lack of impartiality.”

 

[ms_x_to_the_m]

Can I just say that it's possible that the mother "agreed/accepted/acknowledged/nodded" the plan for sister and mom to take the kids. This way she wasn't "actively" contributing to kidnapping the children. I just wonder if there are any crumbs that can lead back to the mom.
I'm just thinking out loud, using my imagination.

 

[Mystrywrtr62]

If mom didn’t know where kids are or who they are with, she wouldn’t be silent. JMO.

 

[MyBelle]

Did you notice the mother’s (appellant) appeal was denied?

“The appellant appeals both orders, arguing that the case management judge erred in declining to direct a viva voce hearing; in denying the appellant’s application to cross-examine the respondent on his affidavit in support of the contempt application; and in undermining the fairness of the procedure; erred in fact in finding that the appellant had engaged in parental alienation; and erred in failing to be impartial; and in failing to give reasons for selecting the parenting schedule proposed by the respondent. The appellant also applies to adduce fresh evidence in the form of an affidavit sworn by the appellant attaching a number of exhibits intended to demonstrate that the parenting schedule adopted by the case management judge was in error. She seeks an order setting aside the contempt order and the parenting order and directing a viva voce trial upon the conclusion of the reunification therapy.”
2020 ABCA 431 (CanLII) | Zak v Zak | CanLII

BBM. I keep posting the same links. If you don't want to read them, that's okay. But I'm not going to keep repeating myself.

The mother's first appeal (Aug) was denied. Her new attorney filed another complaint against the judge in January 2021. If that second complaint has been denied, please provide a link because I don't believe it has been denied.

The first denial contained very clear concerns by the Appeals Court about the way the judge was handling the case and in their decision they said that her parenting schedule may have been "impractical or unworkable."

"in support of the fresh evidence applications raises a concern that one of the children may have experienced distress during the respondent’s parenting time and that the parenting schedule adopted by the case management judge may have been impractical or unworkable.

 

[MistyWaters]

Can I just say that it's possible that the mother "agreed/accepted/acknowledged/nodded" the plan for sister and mom to take the kids. This way she wasn't "actively" contributing to kidnapping the children. I just wonder if there are any crumbs that can lead back to the mom.
I'm just thinking out loud, using my imagination.

I’d think anybody would be absolutely frantic if suddenly, without warning, the two children, mother and sister were nowhere to be found. Really, what if they went for an unplanned leisurely day drive out west (one of the few options, considering covid restrictions) and accidentally drove off the side of the road down a steep embankment?

It appears LE know something like that didn’t happen.

 

[MistyWaters]

BBM. I keep posting the same links. If you don't want to read them, that's okay. But I'm not going to keep repeating myself.

The mother's first appeal (Aug) was denied. Her new attorney filed another complaint against the judge in January 2021. If that second complaint has been denied, please provide a link because I don't believe it has been denied.

The first denial contained very clear concerns by the Appeals Court about the way the judge was handling the case and in their decision they said that her parenting schedule may have been "impractical or unworkable."

"in support of the fresh evidence applications raises a concern that one of the children may have experienced distress during the respondent’s parenting time and that the parenting schedule adopted by the case management judge may have been impractical or unworkable.

I linked the entire document including the decision.

At the bottom -
“The appeal is dismissed and the matter is remitted to the case management judge for further determination.”

 

[MyBelle]

If mom didn’t know where kids are or who they are with, she wouldn’t be silent. JMO.

The RCMP told the father that they had spoken to the mother and she denied knowing where the children were. So she wasn't silent to LE. The parent speaking out to media and claiming the mother is unwell and the children are unsafe is the father, even though the children are not with their mother. Not a tear in sight.

Father of missing girls concerned for their safety - Strathmore Now

"I'm very concerned. The mother is extremely unwell. The mother of my children is extremely unwell. That's why the court has ordered a psychiatric assessment and that's why they removed the children ultimately. I think that's what it comes down to."

 

[MyBelle]

I linked the entire document including the decision.

At the bottom -
“The appeal is dismissed and the matter is remitted to the case management judge for further determination.”

That pertains to the August appeal. A second complaint against the judge was filed by the mother's attorney in January 2021. I'm not going to keep reposting the same links.

 

[Mystrywrtr62]

The complaint is not an appeal of the judges decision. Her decision stands. It is not a legal document filed with any court. It has no legal standing and cannot be shared here..

 

[MistyWaters]

That pertains to the August appeal. A second complaint against the judge was filed by the mother's attorney in January 2021. I'm not going to keep reposting the same links.

Yes indeed the mother asked for the judge’s dismissal in January and it was denied on Feb 1st. I posted that Canlii link earlier. The earlier Appeal, including contempt charges, filed by her was also denied.

 

[Mystrywrtr62]

And my comment about “silent” is this . To be clear. Mom is not pleading for the children to be returned. She IS silent. And yet she is telling RCMP she doesn’t know where they are.

 

[MistyWaters]

The RCMP told the father that they had spoken to the mother and she denied knowing where the children were. So she wasn't silent to LE. The parent speaking out to media and claiming the mother is unwell and the children are unsafe is the father, even though the children are not with their mother. Not a tear in sight.

Father of missing girls concerned for their safety - Strathmore Now

"I'm very concerned. The mother is extremely unwell. The mother of my children is extremely unwell. That's why the court has ordered a psychiatric assessment and that's why they removed the children ultimately. I think that's what it comes down to."

I wonder if the RCMP have asked the mother to make a public appeal, if she doesn’t know where they are, and would she agree.

 

[MyBelle]

Judge was at the hearing and heard evidence. None of us were. I will go with her decision which was upheld by the court of appeal. They did not overturn any decision she made. They dismissed the mother’s appeal.

Not true. In November, 2020 the Appeals Court sent a decision BACK to the judge and they expressed their reasons and concerns for doing so.

The second complaint against the judge was made in January, 2021. The judge's response was on Feb. 01, 2021. Please provide a link to support your claim the Court of Appeals has made a decision in this second complaint. Thanks.

Date: 20210201

Docket: 4801 182850

Registry: Calgary
Date:
2021-02-01
File number:
4801 182850
Citation:
Zak v Zak, 2021 ABQB 80 (CanLII), <https://canlii.ca/t/jcx59>, retrieved on 2021-03-21

I. Introduction
[1] The Defendant mother, Jacqueline Louise O’Driscoll Zak, seeks to have me disqualified as case management justice on the basis of a reasonable apprehension of bias. This application arose after I directed on December 10, 2020 that the parties attend a case management meeting on December 15, 2020.

 

[MyBelle]

And my comment about “silent” is this . To be clear. Mom is not pleading for the children to be returned. She IS silent. And yet she is telling RCMP she doesn’t know where they are.

I think both her attorney and the RCMP has asked her to not speak publicly.

 

[MyBelle]

Yes indeed the mother asked for the judge’s dismissal in January and it was denied on Feb 1st. I posted that Canlii link earlier. The earlier Appeal, including contempt charges, filed by her was also denied.

You are incorrect. The Judge's response to the January ethics complaint was on February 1, 2021 as the link makes very clear.

Date:
2021-02-01
File number:
4801 182850
Citation:
Zak v Zak, 2021 ABQB 80 (CanLII), <https://canlii.ca/t/jcx59>, retrieved on 2021-03-21

Reasons for Decision

of the

Honourable Madam Justice J.C. Price

I. Introduction
[1] The Defendant mother, Jacqueline Louise O’Driscoll Zak, seeks to have me disqualified as case management justice on the basis of a reasonable apprehension of bias. This application arose after I directed on December 10, 2020 that the parties attend a case management meeting on December 15, 2020.

https://www.canlii.org/en/ab/abqb/doc/2021/2021abqb80/2021abqb80.html