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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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  #21 (permalink)  
Old 11-09-2016, 03:40 PM
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Originally Posted by Teddie View Post
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.
Odd. Wonder why?
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Old 11-21-2016, 07:40 PM
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I was in shared custody and now have sole and CAS is involved against mom. Prior to CAS bringing the protection application I had an emergency motion that granted me sole and mother no access. CAS facilitated access but I had to agree. They did stress the importance of having 2 visits a week. This seems to be a starting point for judges in most cases. Although when it comes to protection situations it is case by case.

When dealing with CAS it is a long road. If your ex takes responsibility and actively works to change and fulfills all the requirements they may move back to 50/50 but that will depend so much on what legal proceedings you take in the mean time, how quickly they fulfill the requirements, and how the legal proceedings against the mother goes.
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Old 11-21-2016, 07:42 PM
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Originally Posted by Dadx5 View Post
I was in shared custody and now have sole and CAS is involved against mom. Prior to CAS bringing the protection application I had an emergency motion that granted me sole and mother no access. CAS facilitated access but I had to agree. They did stress the importance of having 2 visits a week. This seems to be a starting point for judges in most cases. Although when it comes to protection situations it is case by case.



When dealing with CAS it is a long road. If your ex takes responsibility and actively works to change and fulfills all the requirements they may move back to 50/50 but that will depend so much on what legal proceedings you take in the mean time, how quickly they fulfill the requirements, and how the legal proceedings against the mother goes.


Dadx5! How are things going? How is your daughter now with her stable healthy environment with you?
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Old 11-22-2016, 06:45 PM
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Quote:
Originally Posted by Dadx5 View Post
I was in shared custody and now have sole and CAS is involved against mom. Prior to CAS bringing the protection application I had an emergency motion that granted me sole and mother no access. CAS facilitated access but I had to agree. They did stress the importance of having 2 visits a week. This seems to be a starting point for judges in most cases. Although when it comes to protection situations it is case by case.

When dealing with CAS it is a long road. If your ex takes responsibility and actively works to change and fulfills all the requirements they may move back to 50/50 but that will depend so much on what legal proceedings you take in the mean time, how quickly they fulfill the requirements, and how the legal proceedings against the mother goes.
That sounds just like the situation that I'm currently in. I filed a motion for sole custody which will probably get heard in late February. The detective that is working on the criminal case against my ex told me that the final court date for my ex probably won't be until between 8 to 12 months from now.

The difference in my situation is that the CAS is not providing the protection for my child but it is the release conditions on my ex that is preventing contact.

At first the CAS recommended two supervised visits per week and two phone calls. They have since told me that all access and phone calls is at my discretion as my ex is not working cooperatively with the CAS.

You're right though, it sounds like it's gonna be a long road.

Last edited by Teddie; 11-22-2016 at 06:47 PM.
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Old 12-01-2016, 09:28 PM
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Rockstar thanks for asking. My daughter is doing great. She still see's her mom a few times a week but it is supervised. My daughter has improved in school, making friends, and her attachment with me is so much better. She is so happy and expresses this to school her lawyer, and all around her.

I just wish that the legal side of things would finish it keeps getting dragged out.
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Old 02-13-2017, 12:15 PM
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Update, court coming up soon. I filed a motion for sole custody.

Ex submitted affidavit denying ever assaulting her child, stating the violence is in my home, accuses me of conspiring with police to build a case against her.

Bottom line is that she isn't admitting what happened and is trying to deflect blame onto me.

My affidavit contains the cas disclosure stating that
- she is not working cooperatively with the society
- has been added to the child abuse registry
- poses a moderate to severe risk to the child
- the cas files show that this was not a one time thing

She has not called her child in almost 4 months, and has not tried to arrange supervised access either despite being encouraged to do so.

My lawyer sent a letter stating that she was welcome to call and attend sporting events but she has done nothing.

Meanwhile, her criminal case is still ongoing and I don't think she will ever admit to what happened.

I really hope the judge makes the decisions that need to be made.
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Old 02-14-2017, 09:23 AM
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Originally Posted by Stillbreathing View Post
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.
I have heard of this happening, they back off as soon as the children are safe from immediate harm. I completely disagree with this approach, they should continue with the proceedings and I would go into the court and search the records for all the cases your ex is involved in, and find the child protection case involving your ex. If the registrar says it's closed you can do a request letter to the court and see if a judge will give you access to it. This doesn't need to be a motion or a new proceeding simply a letter requesting access (like reporters do).

Once you figure out what has happened then you can take it to the CFSRB child and family service review board, the ombudsman or the children's advocate. Neither of these places can help you in family court which needs to be done ASAP.

What CAS is doing is passing their responsibility to make sure the children are safe into your hands and making it your responsibility.

If parents are separated, and the child is seeing both parents, when they have a real concern they start the proceeding and then when one parent agrees to stop (seeing or allow the other parent see) the child and the child is safe they stop their actions. Making it the responsibility of the parent with the child to seek court orders. It's completely wrong. And CAS should be made accountable for it. The best place to do that right now is CFSRB (Child and Family Services Review Board)

It is a quasi court (relaxed rules, meaning they have their own rules).

A child from separated parents doesn't have nearly the same protection as a child from a intact family.

IMHO
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Old 02-14-2017, 09:25 AM
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Originally Posted by Teddie View Post
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.
CAS is providing you bad advice, until their is a court order, or you have evidence other than hearsay evidence that says you don't have to provide access then you have a responsibility to give access
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Old 02-14-2017, 09:36 AM
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Originally Posted by Teddie View Post
Update, court coming up soon. I filed a motion for sole custody.
Great, but remember custody is only decision making and only major decisions, not daily decisions, did you also file for a change in access, primary residence, etc, etc, if you don't ask for it it can't be ordered.

Quote:
Originally Posted by Teddie View Post
Ex submitted affidavit denying ever assaulting her child, stating the violence is in my home, accuses me of conspiring with police to build a case against her.

Bottom line is that she isn't admitting what happened and is trying to deflect blame onto me.
Understandable, most guilty people view themselves as not doing something wrong.

Quote:
Originally Posted by Teddie View Post
My affidavit contains the cas disclosure stating that
- she is not working cooperatively with the society
- has been added to the child abuse registry
- poses a moderate to severe risk to the child
- the cas files show that this was not a one time thing
Are you sure you have been given complete disclosure of this investigation? Make sure you have it all.

Good luck you are taking the right actions.
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  #30 (permalink)  
Old 02-14-2017, 10:54 AM
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Quote:
Originally Posted by involveddad75 View Post
Great, but remember custody is only decision making and only major decisions, not daily decisions, did you also file for a change in access, primary residence, etc, etc, if you don't ask for it it can't be ordered.



Understandable, most guilty people view themselves as not doing something wrong.



Are you sure you have been given complete disclosure of this investigation? Make sure you have it all.

Good luck you are taking the right actions.
Yes, I'm asking for sole custody, supervised access to mom, and primary residence.

I have the full cas disclosure including police reports. Unfortunately some details have been blacked out.

Thanks involveddad75
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