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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 11-04-2016, 02:52 PM
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Default Supervised access questions

My child has been place in my sole custody as a protection from my ex who has been charged with assault for hitting them. I am filing a motion to change my joint custody arrangement to sole custody. A few questions:

- do I have to provide 2 supervised visits per week? Cas has told me that my ex is entitled to 2.
- once my ex has completed whatever the cas requires her to do, how difficult will it be for them to gain back joint custody and 50/50 access back?

Thanks
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Old 11-04-2016, 03:10 PM
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Originally Posted by Teddie View Post
My child has been place in my sole custody as a protection from my ex who has been charged with assault for hitting them. I am filing a motion to change my joint custody arrangement to sole custody. A few questions:

- do I have to provide 2 supervised visits per week? Cas has told me that my ex is entitled to 2.
- once my ex has completed whatever the cas requires her to do, how difficult will it be for them to gain back joint custody and 50/50 access back?

Thanks
Weird. Generally, for this to happen the CAS would have to take action under the Family Services Act and obtain an order. They only have a few days to execute this. You wouldn't be a party to that matter and it would be the CAS who is making the Application.

So, they may be telling you what their requested access to the other parent is on their Application.

Why are you taking any action if the CAS has acted?

Good Luck!
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Old 11-04-2016, 03:11 PM
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Hitting as in spanking? Were there injuries to the children?

Whether or not to provide 2 supervised visits or not probably depends on the level of trauma the children have, if any. Are they traumatized? If not, the more access to their mother the better. It's their mom.

Is there a history (pattern) of abuse or was this a one time deal? If it's the latter then there's a great chance of joint custody again in the future after mom undergoes a few processes.

I'm also confused about the CAS thing Tayken brought up. Could you touch on that?
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Old 11-04-2016, 03:12 PM
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Hitting as in spanking? Were there injuries to the children?

Whether or not to provide 2 supervised visits or not probably depends on the level of trauma the children have, if any. Are they traumatized? If not, the more access to their mother the better. It's their mom.

Is there a history (pattern) of abuse or was this a one time deal? If it's the latter then there's a great chance of joint custody again in the future after mom undergoes a few processes.
I am confused as CAS needs to act under the Family Services Act and bring a motion after the removal of children. They are the ones who have the evidence of abuse and removed the children.

https://www.ontario.ca/laws/statute/90c11#BK59
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Old 11-04-2016, 03:18 PM
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Quote:
Originally Posted by LovingFather32 View Post
Hitting as in spanking? Were there injuries to the children?

Whether or not to provide 2 supervised visits or not probably depends on the level of trauma the children have, if any. Are they traumatized? If not, the more access to their mother the better. It's their mom.

Is there a history (pattern) of abuse or was this a one time deal? If it's the latter then there's a great chance of joint custody again in the future after mom undergoes a few processes.

I'm also confused about the CAS thing Tayken brought up. Could you touch on that?
There were injuries in the form of significant bruising. My child told them that this was not an isolated incident. Police have layed charges of assault causing bodily harm. Ex was charged and released on a condition to appear in court and to not have contact with the child, myself and the school unless it's approved supervised access. The cas call this a "protection plan" in place until ex receives the help they need.
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Old 11-04-2016, 03:41 PM
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Who apprehended the children? If CAS apprehended the children and placed them in your care, they would be the ones who would have to go to court to request no access with the mother.

This is something I have been in discussions about the past several weeks, as my husband and I are becoming foster parents. CAS only has 1-2 days to get to court and gain access of the child. I do not believe they have the authority to tell you to go to court. With that being said, we haven't really discussed what happens in divorce situations, but usually CAS has to get before a judge and quick to remove access.

If the other parent is working with CAS in their protection plan, you going to court may be unsuccessful as CAS in already involved and is working with the other parent.
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Old 11-04-2016, 07:48 PM
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In my case when my ex assaulted the children, CAS interviewed them , charges were laid and criminal court ordered my ex to leave the matrimonial home and have no contact. The CAS then backed right off and never did attend court. I felt they should have but they closed the file as they felt the children were safe in my care . They left it up to the criminal court and then the family court to duke it out regarding acccess.
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Old 11-09-2016, 01:41 PM
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My ex is not allowed to see my son as a condition of their release pending a court hearing; this was put in place by the Ottawa police. The CAS are the ones who are trying to facilitate some supervised access, however, they've informed me that I am under no obligation to provide any access at this point.

The CAS has told me that my ex is not being cooperative and is unwilling to answer questions regarding the incident.
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Old 11-09-2016, 02:03 PM
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How old is the child?
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Old 11-09-2016, 02:11 PM
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How old is the child?
Just turned 9
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