Just informed mom called police and CAS after withholding.

[Dadx5]

So My ex withheld and didn't reply today. Tonight I got a message from her that she has gone to the police and CAS and gave me an officer's name and a workers name. Said that I am not to contact her, didn't say what the accusation was, and said she would be withholding access.

In the May contempt trial the judge wrote out a whole paragraph about mom's manipulation and constant CAS calls and false police reports. Warned her to stop doing them. Of course once she received the finding of contempt again and more withholding she went and made more accusations. She also stated that mom uses police and CAS as an attempt at parental alienation and this behavior speaks to her lack of understanding for our daughters well being.

Is there any recourse? This is really damaging my daughter, my other children, and my life. She makes accusations every time she withholds, every time she is found in contempt. Each time her accusations have been found to be false, but the police did note that child will get worked up and say what mom wants her too until they meet with them alone.

[blinkandimgone]

File an emergency motion, use her message as proof she intends to withhold child from you. Contact the police and get a copy of the report.

Perhaps consider filing for sole custody, supervised visitation to the mother. I am not that familiar with your case, but it does sounds like there is serious PAS happening here. Look up WorkingDad's posts and trial outcomes.

[arabian]

agree with blink. When you go to get the emergency motion I'd ask for a "police enforcement clause" so that when she does not give you the kids the police will pick them up and bring them to your place.

[Dadx5]

I do have a police enforcement order. The judge actually wrote "due to the strong potential in this case for parental alienation enforcement shall not be discretionary on the part of the police" However the courts are 6 months behind and I only have the endorcement not the order yet.

A little on this case:

Mom and me were a bit of a fling mom did not tell me there was a child. I had DNA test done as soon as I found out. It took 8 months to get it and start getting access. Started supervised and then progressed. Mom kept breaking the order and withholding. Contempt finding and police enforcement at that time.

Over next few years multiple trips to the courts as she kept withholding. Has made 10 complaints to CAS, and called police multiple times.

Last year she started faking illness in child police cas got involved and she was found to be causing it purposely.

Mom was found in contempt. Found misleading courts, found in lies to judge, contempt for with holding ect. Judge wrote that "If applicant's behaviour does not change this process would ultimately lead to a change in custody so that child would reside with Respondent"

CAS cleared me again after 3 calls of new complaints in 3 weeks and I was told to go pick up daughter. Mother called police that I kidnapped our daughter.

In september mom refused to register child in school I was awarded shared custody, and sole decision making for education.

Mom then started playing games again and was found in contempt in December. We go back in January to see if she purged and to follow up on new contempt issues.

Mom withheld 2 times over the last week one for Boxing day, and one for another child's birthday. In previous contempt finding judge wrote that moms with holding on other siblings birthdays "shows applicant's lack of insight into importance for child spending time with her father and family."

[standing on the sidelines]

did you contact the officer and see what was told to them?

[Franklin]

Cops care nothing for civilians especially men. They only focus on processing paperwork as fast and as easily as possible. Evidence is secondary with a large effort made to ignore it. Sometimes you get lucky and Police will have to note it or accept it then the effort comes to investigate it, it is much easier to ignore and that,s that.
Have you thought of suing Police or the Judge. I know how difficult and expensive that would be.
If I had was very wealthy I would spend it all on this concept for the good of us all as that is the only way to make a change in this system.

This woman is entitled to abuse a child legally. How many more years will it take before the Police stop charging and arresting men on accusation alone and protect and cater to abusive parents without CONSEQUENCES.

It looks like your child will finally have some justice but will take 2 or 3 more case conferences, a whole bunch more of your money, and the key to this justice is that the mother must continue this abuse and manipulation of the system in order for this to happen. How backwards.

Judges are and Police are expensive, why should I have to pay for this wasteful use of their services.

[standing on the sidelines]

where did he say he was charged with anything in his post. All he said was she informed the police.

Your rant against the police is typical of someone who has found themselves on the wrong side of the law at some point in time.

[Franklin]

I have never been in trouble with the Law except for a restraining order after I called the police on my ex father in law. I assure you I was on my own property and Police report reads . Non reportable incident.
Did I get reamed out by the Judge for that, called me irresponsible. Ex had that order in place in 2 days like nothing, but I count my self blessed as it did not go criminal. It only takes one small accusation for that to happen. I personally know 2 fathers and there simple acounts of story.
You go tell him to relax when the police call, tell you to come in to be arrested and imediatly released. Then you go to criminal court and away you go. Don,t me believe me check out the law and learn it.

[Franklin]

Also if the police were called on him most likley he has some kind charge although a restraining order is not really on your record. Ya right.
Also I never wrote he was charged that was just part of my rant though.

[rockscan]

Anyone can call the cops and CAS and have action because they are obligated to investigate it. It doesnt necessarily mean hes going to be charged. We live in CANADA, they dont just haul people off to jail Franklin. What will happen is he wont see his kid and possibly the process for visitation will be slowed down. Mom is probably hoping the more she pulls this, the more her PAS can sink in and the more she can delay until kids voice has some weight. Or that dad will just give up.

I dont know anything about emergency motions or their impact on the next court appearance but from the sounds of it, you need to take action immediately. You need to get this dealt with and shown that she will never adhere to an order regardless of the stage its in. If this case isnt one for reversing custody, I dont know what is!

[Links17]

File for sole custody, this is just the beginning if you dont deal with this in a permanent way. Failing that, keep it up - dont give up.

[Dadx5]

I have not been charged with anything. Upto this point the police have not even contacted me just mom telling me she was told to forward any attempts at communication to them.

So far each time she has gone to the police she has been the one to get into trouble. I have some great police reports that state I was calm, and accommodating, that she was rude, threatening, and harmful to the child.

Can I file an emergency motion if there is a CAS or Police investigation ongoing?

Can I file an emergency motion if there is an upcoming contempt motion happening Jan 22?

[standing on the sidelines]

I wonder if she actually did contact the police?

Not sure if you should wait to file any motions until CAS is done their investigation...if they were even called.

[Serene]

Call CAS and get info on the allegations against you.

Give CAS a copy of everything you have on paper (contempt, etc.)

Go to police station and provide same documents (they are less likely to get involved in future and to ask more questions and document more precisely if they know she is a nutbar).

However, know this: police enforcement clauses are a joke. No police officer is going to physically remove a child from anyone/anyone's home unless they can substantiate immediate danger of abuse/neglect.

Advise CAS that they are being manipulated. And mom is systematically using CAS to impede your access. And it's already been documented and found to be an issue by a family court judge.

Note: mom denied you access. Not CAS. Not the police. Your issue is with mom. Mom is just "documenting" her shannanigans with CAS and the police.

[Dadx5]

However, know this: police enforcement clauses are a joke. No police officer is going to physically remove a child from anyone/anyone's home unless they can substantiate immediate danger of abuse/neglect.

If the clause says that enforcement shall not be discretionary on the part of the police, do you still think they will not enforce?

Truthfully I don't think I would use it to force the situation but I was warned by CAS and a judge a few months ago that I needed to try and call police everytime to make sure it was well documented. CAS said that she needed to be held accountable and they supported the use of the order. Although having said that still waiting for it to be in an actual order.

The police did enforce my previous order but it expired.