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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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  #11 (permalink)  
Old 11-09-2016, 03:38 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.
It sounds like the other parent entered a plea with conditions. This is a binding agreement. The CAS are the party that will represent the children and investigate the matter most likely. It all falls under the Family Services Act.

With regards to access you should request a copy of the conditions that were agreed to by the other party. As a parent you have a right to know what conditions have been placed on that parent with regards to contact with the child.

You should also get a lawyer. This is no simple matter at all.
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Old 11-09-2016, 03:52 PM
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It sounds like the other parent entered a plea with conditions. This is a binding agreement. The CAS are the party that will represent the children and investigate the matter most likely. It all falls under the Family Services Act.

With regards to access you should request a copy of the conditions that were agreed to by the other party. As a parent you have a right to know what conditions have been placed on that parent with regards to contact with the child.

You should also get a lawyer. This is no simple matter at all.
My ex did not enter a plea. They were arrested on charges of assault and released with conditions. I was told that they were not answering questions regarding the incident. I have received a copy of the conditions. Thanks
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Old 11-09-2016, 04:03 PM
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My ex did not enter a plea. They were arrested on charges of assault and released with conditions. I was told that they were not answering questions regarding the incident. I have received a copy of the conditions. Thanks
What are the conditions?
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Old 11-09-2016, 04:06 PM
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What are the conditions?
They are not to attend or contact the school or daycare and not to contact myself or my son. Also, a promise to appear in court.
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Old 11-09-2016, 04:08 PM
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They are not to attend or contact the school or daycare and not to contact myself or my son. Also, a promise to appear in court.
4. Arrest and Bail - Best Practices where there is Family Violence (Criminal Law Perspective)

“No contact directly or indirectly with the complainant except through a mutually agreeable third-party or pursuant to a Family Court order and only for purposes of arranging and facilitating child access.”

“Contact with children to be exercised under the supervision of the child protection agency or pursuant to the order of a court of competent jurisdiction.”

“Contact with children pursuant to a Family Court order that post-dates the date of this order” “Contact with children pursuant to a Family Court order”

This page covers it all...
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Old 11-09-2016, 04:11 PM
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They are not to attend or contact the school or daycare and not to contact myself or my son. Also, a promise to appear in court.
Did they provide any insight into why? Generally they do this to insure the child is not manipulated by the parent with guilt etc.
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Old 11-09-2016, 04:12 PM
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4. Arrest and Bail - Best Practices where there is Family Violence (Criminal Law Perspective)

“No contact directly or indirectly with the complainant except through a mutually agreeable third-party or pursuant to a Family Court order and only for purposes of arranging and facilitating child access.”

“Contact with children to be exercised under the supervision of the child protection agency or pursuant to the order of a court of competent jurisdiction.”

“Contact with children pursuant to a Family Court order that post-dates the date of this order” “Contact with children pursuant to a Family Court order”

This page covers it all...
The Cas has arranged some access but recently the "rules" of conduct for that access were broken so access has been suspended. Basically, the conduct during the visit was not appropriate.
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Old 11-09-2016, 04:14 PM
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Did they provide any insight into why? Generally they do this to insure the child is not manipulated by the parent with guilt etc.
This was initially put in place for that very reason. It has remained in place as the cas stated they have "serious safety concerns". Last thing I was told is that all access will need to be supervised in an access centre.
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Old 11-09-2016, 04:21 PM
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This was initially put in place for that very reason. It has remained in place as the cas stated they have "serious safety concerns". Last thing I was told is that all access will need to be supervised in an access centre.
It should be no less than once a week. I would offer up two different times. One on a week night (if possible) and one on the weekend. The challenge is that CAS has crappy schedules for supervised access. You may be able to use a private facility. (Read the link I gave you... This is the recommendation from the paper.)

What they want (I suspect) is to have a third party observing the situation to insure the other parent is not tampering with the situation.
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Old 11-09-2016, 04:30 PM
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It should be no less than once a week. I would offer up two different times. One on a week night (if possible) and one on the weekend. The challenge is that CAS has crappy schedules for supervised access. You may be able to use a private facility. (Read the link I gave you... This is the recommendation from the paper.)

What they want (I suspect) is to have a third party observing the situation to insure the other parent is not tampering with the situation.
Excellent, thanks for your input. Once the cas has closed the file I can use a private facility; if the cas is still involved then the private facility said they won't let us use them.
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