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Just informed mom called police and CAS after withholding.

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  • BitHunter
    replied
    Originally posted by rockscan View Post
    We live in CANADA, they dont just haul people off to jail Franklin.
    Yes, they do. Even if they know that the allegations are false. But that's just my own experience.

    OP: do not rush. Your ex is making serious mistakes, give those mistakes some time to work for you.
    It seems on a regular motion the presiding judge has maybe 5 minutes to hear your case and he/she just wants to push it to the next date hoping that you will settle by then, while it seems that during the contempt motion they can pay a bit more attention.
    <!--[if gte mso 9]><xml> <o:OfficeDocumentSettings> <o:AllowPNG/> </o:OfficeDocumentSettings> </xml><![endif]-->

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  • Dadx5
    replied
    Just returned from police station they did a video interview with my wife and stepson. CAS was also there. After an hour they both closed investigation in to my home said accusations unfounded. Both said report would be ready for tomorrow so that it can be filed with my filings on the 8th and CAS suggested I apply for sole. They are closing on me but they are frustrated with mom and still looking into some issues with her.

    Leave a comment:


  • mcdreamy
    replied
    Originally posted by FirstTimer View Post
    Nicely done, can I get a copy of that tune, allegations are nothing, legal aid is free...its quite catchy. I will not share this will my ex though. Don't want to poison her mind...lol
    No doubt, and speaking of tunes, if I could cut a cheque to lose my ex as you have done, I would have done so ages ago. Isn't that a country song?

    Leave a comment:


  • FirstTimer
    replied
    Nicely done, can I get a copy of that tune, allegations are nothing, legal aid is free...its quite catchy. I will not share this will my ex though. Don't want to poison her mind...lol

    Originally posted by mcdreamy View Post
    I'm really rather bummed that no one appears to be using our reference library (Blink's concept!).

    OP, you aren't even close to an emergency motion. Check here for standard requirements:

    http://www.ottawadivorce.com/forum/f...e-court-13291/

    Although I can appreciate you are frustrated, I wouldn't bother attending in the AM - if you do happen to get in front of a judge, you'll be shut down fairly quickly. You will fail. Focus on your Jan 22 motion - include these experiences.

    Leave a comment:


  • mcdreamy
    replied
    I'm really rather bummed that no one appears to be using our reference library (Blink's concept!).

    OP, you aren't even close to an emergency motion. Check here for standard requirements:

    http://www.ottawadivorce.com/forum/f...e-court-13291/

    Although I can appreciate you are frustrated, I wouldn't bother attending in the AM - if you do happen to get in front of a judge, you'll be shut down fairly quickly. You will fail. Focus on your Jan 22 motion - include these experiences.

    Leave a comment:


  • FirstTimer
    replied
    I think and you have probably heard this lots of times before is that kids for the most part are resilient.

    You seem to have enough information aka pattern of PAS that you have a good case going forward already. These incidents would be icing on the cake and they are already documented by you for this Jan 22 contempt motion.

    A few weeks will not change the reality that you need to take your daughter away from this situation unless she is in physical danger or harm of course.

    I would wait and just figure some ways to help you relax till it comes. It's gut wrenching to not be able to see your child but you are already taking the necessary steps to have this taken care of legally.

    Second, strategically, there's nothing she can between now and the contempt motion date that is going to show the judge she is a changed person so an intervention by you while the "flame" is still hot is not necessary.

    Patterns of abuse will hurt her credibility even more which you already have.

    Leave a comment:


  • Dadx5
    replied
    For me I think I am just torn between do I wait until the contempt motion as its only 2 and a half weeks away or try for an emergency motion.

    I don't want my daughter to be left to just mom's manipulation. Child does have special needs (Autistic) and does tend to repeat what mom says to her. Even to me, at times she will have a melt down saying I don't love her only her mother does and that I do bad things to her. Its only after I talk or my wife or her counselor does, then she says sorry her head just gets confused and that her mom is upset with the order. In all the past when CAS talked to her they said that she seemed to be repeating what was said, she makes some accusations, but they didn't find them credible and recommended counseling. I did obtain an order for that and have started her in November.

    I do have the contempt motions where the judges do comment on mom's lies, risks of PAS, manipulation, and that in any area that I and her differ moms credibility is so damaged that she can not be relied upon. The last contempt judge even said she wanted to see if the applicant followed the order or played games over the holidays.

    I also have a 5 page police report on a situation that escalated (only by mom I was kept in my car the whole time or in a different area) that resulted in child going to hospital and supervisors having to be brought out. They clearly state that mom was fabricating abuse in an attempt to bypass access, and mom telling police she would be arrested instead of giving access. Police also didn't allow mom alone with child as police and doctors did see that mom was the causing the issues in child. When alone child admitted it was mom and this is in the report.

    However CAS when talking with me have told me repeatedly that they are fed up of mom's games but have to investigate and then discharge but in the reports they gave to children's lawyer they admitted no child protection concerns but they were also not overly supportive of me either disliked that I have special needs children, that the rooms are cluttered, and she even commented regarding my appearance.

    I think I will finish writing up my forms for my Jan 22 contempt motion. I will also do one up for an emergency motion and go to the FLIC office in the AM.

    Leave a comment:


  • FirstTimer
    replied
    Yup, its a doozy.

    Originally posted by LovingFather32 View Post
    I love this quote.

    Leave a comment:


  • LovingFather32
    replied
    Originally posted by FirstTimer View Post
    "Never interrupt your enemy while he is making a mistake".
    I love this quote.

    Leave a comment:


  • FirstTimer
    replied
    I read a case exactly like yours on canlii where father did end up getting sole custody of his children. Tried to search it again but can't find it. It was an Ontario case but too many results came back when searching on "parenting alienation".

    You can read all those cases and figure out what applies to you and how to go about getting sole custody as it seems to me, judges require a long paper trail of interventions, cas, police involvement etc which is happening to you before making the choice of giving you sole custody.

    I'm not going to tell you anything you can't find on Canlii but my own advice to you is Napolean Bonaparte's quote of "Never interrupt your enemy while he is making a mistake".

    Leave a comment:


  • LovingFather32
    replied
    Dadx5:

    Be sure to have everything documented heavily. It's a tough call whether or not to bring a motion in the midst of a CAS/Police investigation. In most cases it would probably get adjourned.

    However, your case seems different. The mom has paved a pretty significant paper trail of these antics and the courts are on to her. PAS needs to be intervened on. She is probably coaching the children to say what she wants to fit the accusations at this time.

    I would personally see her ass in court ASAP. For sole. Make a nice chronological, highlighted chart with an easy-to-navigate index of everything she's done. Get your caselaw ramped up. (PAS, denial of access, maximum contact, etc. This wont be a hard decision for a judge. Enough is enough.

    Leave a comment:


  • plainNamedDad44
    replied
    Don't give up. Be patient and proceed with a motion for sole. According to my lawyer, the party that appears the most reasonable in the end will prevail. I am sorry your child is going through this. Mine are going through the same.

    Leave a comment:


  • Serene
    replied
    The police are not party to the order. They don't have to do squat. They often say "it's a civil matter".

    And here is the issue. Unless your order says the exact date, day, month, year and time (not every monday or whatever) there is nothing to even enforce.

    Leave a comment:


  • Dadx5
    replied
    Originally posted by Serene View Post
    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.

    Leave a comment:


  • Serene
    replied
    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.

    Leave a comment:

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