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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 05-10-2017, 03:12 PM
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Default Family and Children's Services - Requests / Follow Ups

I realize this question may elicit subjective and opinionated responses, but I'm wondering if anyone with experience either working for FACS, or dealing with them as a client can chime in with typical experiences regarding documentation requests and/or actual actions taken, as well as the legitimacy of their complaints process and oversight. Please obfuscate your response as needed.

An example for some context:

A case file is opened per a child safety complaint from parent A. Both parents and the children are interviewed separately. FACS determines that parent A is 'mudslinging' and that their allegation is not credible. FACS states during interview with Parent B that they are closing the file and will issue a warning to Parent A. They also state that they have concerns over the emotional well being of the child involved, while in the care of parent A. Parent B receives email confirmation that FACS has no concerns of abuse while in their care, and will be closing the file as previously mentioned.

Several weeks pass and parent B has not received any official written documentation confirming the closing of the case file, which they need to provide to their lawyer to proceed with a motion. Attempts at contacting the FACS worker via email and voicemail have been met with no response.

1. In a situation like this, what option(s) does Parent B have? As I understand it they can file a complaint through the specific agency where the case was filed, but otherwise there seems to be no other recourse.

2. Is it typical for FACS to just drop off the face of the earth after initial review of a case file?

Let me know if the example is not granular enough. Thanks.
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Old 05-10-2017, 04:48 PM
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They are notorious for not following through with letters, documentation, etc. Your recourse is either a) you follow up with the supervisor, whom is the one who releases the letter. or b) Make a complaint to the CFSRB. Some workers don't want to go through the CFSRB and will provide the letter pretty fast, some won't. Honestly, they do as they please and will provide the letter when they feel like it.
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Old 05-10-2017, 05:35 PM
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I've been involved with them quite a number of times. My new lawyer (not my old scumbag female biased female lawyer) informed me that they are supposed to provide you with a letter. I email the case worker and asked for it. She responded to my email same day and put it in the mail and I got it by end of week. You just ask for a letter confirming their finding and recommendations.

If you don't get a response or a letter, CALL their office and follow up, ask to speak to their supervisor. They are supposed to send you a letter.

As per the actual records - you need to file a records motion to get that.
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Old 05-11-2017, 11:55 AM
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Thanks for your responses. It sounds like it's essentially a roll of the dice with these people. Hope this information helps some other people.
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Old 05-11-2017, 02:12 PM
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Phone and get name and fax number of the supervisor

fax your request to supervisor with a cc to the person who was supposed to send you a letter.

Faxes produce hard copies and aren't as easy to "delete"
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Old 05-12-2017, 01:27 PM
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Quote:
Originally Posted by arabian View Post
Phone and get name and fax number of the supervisor

fax your request to supervisor with a cc to the person who was supposed to send you a letter.

Faxes produce hard copies and aren't as easy to "delete"
I second Arabian's suggestion here. Fax is the way to go. Ensure to save the fax confirmation that get's printed by the fax machine - this will be your evidence that they got your letter.
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Old 05-15-2017, 03:38 PM
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Lot's of really useful responses here! Can one of you clarify the process for filing a records motion? Is it a specific form, or just a normal motion?
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Old 05-15-2017, 04:43 PM
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regular motions. I think form 14B. Here is an example case of father self-repping to obtain these records:

https://www.canlii.org/en/on/oncj/do...&resultIndex=6

You will notice they did not give him everything. I had a lawyer and everything would go to my lawyer, I could then review them at my lawyers office. But for whatever reason, some jurisdictions they don't give you everything if you don't have a lawyer. But some members have apparently gotten them (i.e., LF32). You could review my thread here:

http://www.ottawadivorce.com/forum/f...counsel-20389/

Note, these motions usually go on consent. My former spouse tried to oppose it and seek costs and my lawyer responded we were hoping it would go on consent... it ended up going on consent.. otherwise the judge would have wondered what does the other party have to hide and order them to be released anyways.

Also, I learned in talking with the judge directly when I was self repping that I could just call CAS and arrange a time to go in to view the records. You could do that. You can call them tell them you want to come in and review the disclosure. You can bring a notebook to make notes but you can't bring anything back.
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Old 05-15-2017, 10:55 PM
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Hi there. I've been in this exact situation.

The CPW that visited your home should have provided her information. Her card with her e-mail address and phone number was given to me also.

I received the letter closing the file about 2 weeks later by mail.

Next, I went for a 14B procedural motion and received an order for CAS disclosure for every detail of the case, what was spoken about, etc. You would be surprised how detailed these are. They will have every word mentioned in the interview with your ex. These notes (it ran about 50 pages) became very important doc's in my case.

If CAS is lazy or perhaps overworked, a court order will wake them up and speed up the process.

Are you seeing the child at the moment? In my situation CAS said they'd close my file but also had to talk to my ex to tell her to restore access .. but she had conveniently went on vacation and was unreachable.

So call and e-mail, but not too much. You don't want to be in their bad books trying to get that important "case closed" letter. If that doesn't work head down to the court house and fill out a 14B procedural motion an ask for full disclosure of all CAS investigation notes. YOU SHOULD DO THIS NO MATTER WHAT! 14B motions are held most days and are very quick and efficient. Don't plan for a motion or it'll annoy the judge. It's a room full of people speeding through, most lawyers.

Last edited by LovingFather32; 05-15-2017 at 11:08 PM.
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