Hello, everyone.
I'm having a real problem, and I hope this is the right place to be posting this. Basically I need some useful advice on how to proceed with a custody battle.
The short version: My daughter is 2 1/2 years old, and lives with her mother. Her and I have not been together for a year now. In Feb 05, Ontario Works instigated proceedings against me to begin support payments, which I have been adhering to, and also I was made to sign over custody of my daughter to her at that time.
In Sept 05, shortly after she allowed her new boyfriend to move in with her, they decided to move out to BC. I was not able to stop them from doing so, becuase I was unaware of my options legally, and also not financially well off enough to hire a lawyer to help.
At the end of October, she got in touch with me over the internet to tell me that her and her new man got into a physical altercation during an argument, and the police were called. They came and took my daughter to a foster home citing the violence and other issues as being unsafe for her. My ex told me she 'couldn't handle' being a parent right now and could I try and get custody of Drew. Since then she had changed her mind, but also the BC court issued a 45-day order for Drew to remain in foster care until such time as mama demonstrates improvement in areas deemed by the judge.
My feeling is that a) she should not have been able to move out there in the first place as a child needs both parents, and b) I don't believe that the situation is going to improve... it is a pattern of her behaviour that I have seen before and is the reason we split in the first place. I need to have my daughter back because I know I can take care of her better than she can.
The problem is that it's an interprovincial matter, and I cannot get any solid answers from anyone as to how to proceed. I have spoken to the various legal professionals that offer free consultations, but none of them know off the top of their head, and don't seem willing to research it because they are not getting paid. I cannot at this time afford to pay a bonafide lawyer, and I was turned down for legal aid (I'm what certain people call the 'working poor') so basically I am going to have to do all this myself.
All I need to know is what form do I have to file to begin this procedure and in which province do I file it? I have tried to research as much of the BC and ON acts as I can, but I work 9-5 and I don't have loads of time or brain power to become a paralegal. Hoping someone out there has the magic answer for me, because I miss my kid and worry about her so much sometimes it's difficult to breathe.
I'm having a real problem, and I hope this is the right place to be posting this. Basically I need some useful advice on how to proceed with a custody battle.
The short version: My daughter is 2 1/2 years old, and lives with her mother. Her and I have not been together for a year now. In Feb 05, Ontario Works instigated proceedings against me to begin support payments, which I have been adhering to, and also I was made to sign over custody of my daughter to her at that time.
In Sept 05, shortly after she allowed her new boyfriend to move in with her, they decided to move out to BC. I was not able to stop them from doing so, becuase I was unaware of my options legally, and also not financially well off enough to hire a lawyer to help.
At the end of October, she got in touch with me over the internet to tell me that her and her new man got into a physical altercation during an argument, and the police were called. They came and took my daughter to a foster home citing the violence and other issues as being unsafe for her. My ex told me she 'couldn't handle' being a parent right now and could I try and get custody of Drew. Since then she had changed her mind, but also the BC court issued a 45-day order for Drew to remain in foster care until such time as mama demonstrates improvement in areas deemed by the judge.
My feeling is that a) she should not have been able to move out there in the first place as a child needs both parents, and b) I don't believe that the situation is going to improve... it is a pattern of her behaviour that I have seen before and is the reason we split in the first place. I need to have my daughter back because I know I can take care of her better than she can.
The problem is that it's an interprovincial matter, and I cannot get any solid answers from anyone as to how to proceed. I have spoken to the various legal professionals that offer free consultations, but none of them know off the top of their head, and don't seem willing to research it because they are not getting paid. I cannot at this time afford to pay a bonafide lawyer, and I was turned down for legal aid (I'm what certain people call the 'working poor') so basically I am going to have to do all this myself.
All I need to know is what form do I have to file to begin this procedure and in which province do I file it? I have tried to research as much of the BC and ON acts as I can, but I work 9-5 and I don't have loads of time or brain power to become a paralegal. Hoping someone out there has the magic answer for me, because I miss my kid and worry about her so much sometimes it's difficult to breathe.
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