More than a year ago, I brought an emergency motion for custody of my then 6 year old son. His mother had just discharged herself from residential care at a psych hospital out of town, deciding after ten days that she knew better than they did what treatment plan would be most effective in her case. This was the second time she had spent time at that hospital. The first time was for 4 months, during which she entered a full blown state of mania, started exhibiting multiple bizarre behaviours, many of which suggested either a personality disorder or bipolar disorder.
After discharging herself the second time, she insisted on having our son back 50/50 which I resisted and, shortly afterwards, started custody proceedings. At the same time, my son's sitter reported her to CAS because of things he was telling her about being lonely at her place because she sleeps all the time and that there wasn't always enough to eat. CAS concluded the investigation and closed their file, assessing her a moderate risk because of her mental illness, but finding that I had already done all that I should have (having started proceedings that same week) so they closed the file.
A year later, she has been on an access schedule from after school until 7:30 on school days and noon to 7:30 on alternate weekends. He frequently does not have his homework done, sometimes has missed dinner, has been quite late for remedial literacy classes and has even been harmed when in her care and told not to tell me. There is an active OCL investigation underway right now which, from what I can tell, cannot be even half way done.
She has provided no medical disclosure despite promising to do so last March and having already consented to an order for an independent assessment.
Despite that, she is threatening a motion for overnight access throughout his entire March break.
So, I'm wondering, does an OCL investigation stay the civil custody proceedings? If not, are there any compelling arguments to be made in the face of a motion for overnight access for one week during the March break?
A few come to mind but I'd appreciate anyone setting me straight if I'm wrong.
One is: How can she verify with remitting conditions, not all of which are filly disclosed, that she will be well enough to manage several months from now?
Another is, would she not be asking the court to rule preemptively on the merits of my custody application by seeking an order for overnight access?
A further argument arises from some case law which seems to favor the status quo unless there are compelling reasons justifying an immediate change.
I have had a court order that my son reside with me (which he has) since August 2012.
Are any of these arguments weak? Are there any that I've missed? Does an OCL investigation stay the parties from bringing motions of this kind?
I'd be grateful for the benefit of your insight an experience on these issues.
After discharging herself the second time, she insisted on having our son back 50/50 which I resisted and, shortly afterwards, started custody proceedings. At the same time, my son's sitter reported her to CAS because of things he was telling her about being lonely at her place because she sleeps all the time and that there wasn't always enough to eat. CAS concluded the investigation and closed their file, assessing her a moderate risk because of her mental illness, but finding that I had already done all that I should have (having started proceedings that same week) so they closed the file.
A year later, she has been on an access schedule from after school until 7:30 on school days and noon to 7:30 on alternate weekends. He frequently does not have his homework done, sometimes has missed dinner, has been quite late for remedial literacy classes and has even been harmed when in her care and told not to tell me. There is an active OCL investigation underway right now which, from what I can tell, cannot be even half way done.
She has provided no medical disclosure despite promising to do so last March and having already consented to an order for an independent assessment.
Despite that, she is threatening a motion for overnight access throughout his entire March break.
So, I'm wondering, does an OCL investigation stay the civil custody proceedings? If not, are there any compelling arguments to be made in the face of a motion for overnight access for one week during the March break?
A few come to mind but I'd appreciate anyone setting me straight if I'm wrong.
One is: How can she verify with remitting conditions, not all of which are filly disclosed, that she will be well enough to manage several months from now?
Another is, would she not be asking the court to rule preemptively on the merits of my custody application by seeking an order for overnight access?
A further argument arises from some case law which seems to favor the status quo unless there are compelling reasons justifying an immediate change.
I have had a court order that my son reside with me (which he has) since August 2012.
Are any of these arguments weak? Are there any that I've missed? Does an OCL investigation stay the parties from bringing motions of this kind?
I'd be grateful for the benefit of your insight an experience on these issues.
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