Thread: Child missing
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Old 05-02-2017, 10:54 PM
fireweb13 fireweb13 is offline
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Default Child missing

I am not going to go into the nitty gritty of my case but I desperatly need help.
Daughter is 10 years old. I live near Barrie and my ex lives near Burlington. We have been seperated for 9.5 years now and she has had primary residency. EOW sort of deal.

March 27th my ex was evicted for the 4th time. This time though they were homeless. I retained a lawyer and was successful on an emergency motion to have our daughter live with me temporarily.
April 13 we went back to court to hear the motion. The judge said that both of our court documents were filled with to much hearsay and that she wanted us to come back in a week with reports from School, CAS, and have our daughter have an interview with an OCL lawyer which I paid for.
During this hearing my ex brought forth a very sketchy lease for an apartment.
The judge said that our daughter should go back to her moms April 17th (Monday) but that she should be returned to Simcoe County for the hearing Apr 20th.
During this week I got evidence that our daughter is struggling in school, got documents about my ex's husband being arrested in the past, and a few other things that are inconsequential to the main part of this.
April 20th hearing, my lawyer (because I am the applicant we spoke first) plead our case, my ex was late to court so she had not had a chance to speak to duty council. So after pleading our case she spoke to duty council. During this time my lawyer got a fax from CAS with more sever concerns (previous landlord had police attend the house after the eviction, they found a needle in the freezer and razor blades, plus feces throughout the house, paint on walls and holes in walls). Suffice to say, my ex could not win this case. The judge ruled that our daughter was to now reside with me and that my ex was to have every weekend access until our case conference May 9th. The order stated that they must be in the apartment that they provided a lease for, and that I was to have a walk through and see where our daughter would sleep, and that CAS would have to deem it safe, though access can start before any of this happens....and no police enforcement clause...

First weekend, ex is a no show.
Second weekend (last Friday) they picked up our daughter. On Sunday, I was supposed to pick up our daughter and have a walk through of the apartment. When I arrived they were not there, no answer at the door. Finally after 15 minutes we got a text saying that they have reported me to CAS for smacking our daughter (totally untrue) and that I would not be allowed to have her. I phoned the local CAS and asked if any report had been brought against me and they said they have not heard a thing. I went to the police station and they agreed to do a welfare check on them. Both CAS and police stated that they are not living at the residence that they are supposed to be living as per the court order. Police did see them at their residence and spoke with my daughter, and she said she wanted to stay with mom so they would not do anything.
Neither CAS or Police will provide me with their address, and my ex will not respond to anything from me.
I went Monday and applied for an emergency motion, but as my lawyer put it "we got the judge who does not read material and rarely presides over family court motions" so we were unsuccessful at having my daughter returned.

I spoke with CAS today and they stated that they have tried numerous times to reach out to my ex through phone calls and through attending the residence but have been unable to reach her, but that they would tell me once my daughter has been interviewed.
Everyone is saying that it will be resolved at the case conference on May 9th... but I am the primary resident parent legally and yet I have no clue where my daughter is. My ex could be on the run and yet there is nothing I can do. I feel so lost right now.

Does anyone have any suggestions?
CAS agrees that things had to be very bad for custody to be changed after so long... but nobody is doing anything. My lawyer is at a loss right now and we are trying to figure out what to do here. So any suggestions would be helpful.

Thank you
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