Thread: Child missing
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Old 05-10-2017, 03:17 PM
fireweb13 fireweb13 is offline
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Update on yesterday.

On the weekend my ex emailed me to try and mediate out of court... I still had no idea where she was living with our daughter at this point.

Tuesday was a case conference. My ex asked to phone in because she lives 2 hours away. The judge, who has been sort of managing this case up until now had read my conference brief, and been in contact with childrens aid where my ex was living, that includes the CAS lawyer down there, and the worker assigned to the case. My ex was delayed in serving her brief, she emailed it to my lawyer moments before the conference started. The judge did not even read it at that point.
The judge started with " I am making one of 2 orders today, and that is up to my ex, first choice is that my ex can bring our daughter by 3 PM sharp to the CAS office and surrender our daughter over to them until I could arrive, and if she did not show up by 3 PM sharp the police would have an apprehension and search order and they would be advised that our daughter was in danger. If my ex did not choose this, the judge would have police notified right away to apprehend our daughter. She suggested that at CAS would be best so she could minimize trauma to our daughter, and maintain some dignity.
My ex continued to argue with the judge, for a significant about of time, but the judge understands and feels that she cannot trust anything my ex says at this point.
So the order was made at 1:30 PM, I was given a copy of the actual order, not just an endorsement and told to go directly to halton CAS. The judge also called the CAS lawyer to let them know to expect me.

I arrive at 3:30, no sign of my ex or our daughter. Ex does not return CAS phone calls. Ex sends my lawyer a txt msg to let her know she is running late, but does not say by how much. By 4:30 I contact the police, and they came to CAS to meet me. They said the order is crystal clear, and I provided them with all contact info. They then left to go searching. By 6 PM CAS office was closing so we went to a Tim Hortons at the direction of the Police. At 6:10 I get a call from a court services officer in Milton, they have detained my ex and were awaiting my ex's husband's arrival with our daughter. My ex had gone to Milton court to try and make an emergency motion on over and above the order to have our daughter returned to me. The milton judge contacted the Barrie judge, and they decided to hold my ex. Once our daughter arrived police took her and my ex to the Milton police station. Burlington police went to the Milton police station and picked up our daughter, and brought her back to me.
Tomorrow my lawyer and my ex are doing a quick conference with the Judge in Barrie through the phone, to discuss access.... I am thinking and hoping that at best she gets supervised access at least until the end of the school year.

Our daughter is adjusting well, she knows that she has people she can talk to if she needs, but that nobody will pry if she does not wish. Now we work on getting her adjusted into life here and see where it all goes from here.
Thank you all
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