Thread: Child missing
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Old 05-03-2017, 04:15 PM
fireweb13 fireweb13 is offline
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Quote:
Originally Posted by Tayken View Post
1. Is the child attending school? (Call the school now to validate attendance.)
2. Did the police confirm that they had contact with the child in the past 5 days?

First and foremost you need to determine if the child is still within their habitual residential location. The best way to validate it is through school attendance. If there have been 5 days of back-to-back non-attendance then you have an issue and need to escalate.

If the child cannot be located and a court ordered child custody and access agreement/order is not being followed you may have grounds to escalte the matter under Section 282.(1) of the Criminal Code.

To do this you will need the consent of the Attorney General or counsel (crown) instructed by them to proceed with the criminal charge. Generally, I would recommend 5 consecutive non-school attendances within a week and 5 days of failed welfare checks by the police. Your lawyer should have the number of a criminal lawyer who can bring the matter to the Crown Attorney to get things moving.

Your lawyer should be requesting the welfare checks from the police. Many police officers will just think you are a nutty parent. But, when a lawyer calls representing a client they usually do not balk at the request.

Ultimately, you need to have a third party organization (school or police) validate that they have not had contact with the child. As well, an access order that provides that you have lawful care and child of the child that is being denied to you. (Also the child has to be <14 years of age.)

Panic will not work in your favour in this situation. The other evidence that will assist you is any physical (or electronic) evidence that the parent has an intent to move.

Surely you have mutual friends that can verify that the child has not been removed from their habitual residential location. You can always leverage that as well. The key is to locate the child.

See para 18 onwards as to what evidence is needed to present a possible child abduction in a family law matter: https://www.canlii.org/en/on/onsc/do...14onsc915.html

At a minimum, you need to present a prima facie case that the other parent has abducted the child or is planning an abduction. This not easy to do.

Good Luck!
Tayken
Thank you taken. As of April 20th when the order went through that I was to have custody and primary residence of our daughter, I enrolled her in school locally here.
On March 27th my ex became homeless. In our court motion she brought a lease for an apartment but it was sketchy. The judge ruled that while in moms care on weekends, she must be in that apartment and that I was able to have a walk through of that apartment.
They do not live at this apartment though, CAS and Police confirmed that they are living somewhere else, but refuse to tell me where. All they could do is confirm that they absolutly do not live at the apartment that they provided a lease for during our motion.
Police have done a welfare check but said if the child does not wish to go with them, they will not force her. They and CAS know where they are.
On an odd turn, today CAS told me that they have confirmed that our daughter is now registered in a school in Burlington (not the same school that she was going to in March before the eviction). They said that they could tell me that since I am the custodial parent.
I contacted the school and confirmed that our daughter is attending there. I showed the school the court order as well. The principal stated that she would not allow our daughter to come with me even though I have a court order that she is to reside with me. I just do not get it anymore.
I still have no idea where my ex is living with our daughter even though I am the custodial parent and have primary residency.
We go for a case conference May 9th in front of the same judge that ordered the change in custody and think that is my only hope right now.
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