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    I'm wondering if anyone can help me out here? I will make this short and sweet so not to bore anyone here.
    I live in Ottawa Ontario, my question is this: The mother of my young granddaughter has a file with C.A.S., she was removed along with the child from here home (which is owned by her mother) last April police came and C.A.S. were involved then. I kept the child (my granddaughter) for a month in that period in April. My son has never really had any continuing visitations with his daughter but I HAD since May 2008 then the mother and I had words and I hadn't seen the little one till last weekend.
    Court was in August, he settled cause he would lose his Legal Aid since he was going to get a small raise at work. Last weekend he was refused again by the mother and grandmother (her mother)but the next day he called her mother and told her he was coming with the court order to pick up his daughter, we waited outside for abut 45 minutes in the rain but she finally brought her out. Even though it is "Police Enforced" they will only "stand by" and watch but nothing more. The mother is "in contempt" 2ce already for denying access. The grandmother informed me that she has applied for "kinship" through the C.A.S. and is waiting for her police check to be finalized.Can she do this? This was done on 1 August even before the mother of the child asked to make a settlement! Where does the father come in here? Doesn't he have to agree to this "kinship" The mother never worked for long, she's been supported by her mother. The father has a full time job and is capable to provide for his little one. Doesn't this have to go through the courts? If she hadn't had said anything, we would never know,right? And where would the recent court order and child support stand in this situation? If the child is with the grandmother then the court order between the parents is no good,right?
    Father's lose again which is basically the norm in this place. Maybe someday things will get better for Dad's I hope.
    Thank You

  • #2
    If he (dad) does not take this issue to the family court ASAP, then it is possible that this will be allowed to happen. Usually this type of thing happens when there is no alternative bio parent to step in or no bio parent that "wants" to step in and care for the child.

    Start legal action to have Dad named the primary care for the child.
    If he has a good job, and for a decent amount of time and can demonstrate that he can care for the child, do it NOW.

    Make sure he includes a detailed parenting plan, the courts love to see that a parent is child focused rather then sling mud at the apposing side hoping to win the judges favour. It doesn't work like that.

    Get on the ball with a lawyer, a one hour consult at a minimal fee with clearly define what you should do and how to go about it. Void that option go to your local court house, in Ottawa they are great at helping you with the proper paper work and how and when to file.
    \Once he has established this, even an interim order for the child to reside with him will establish a status quo for the child. And we all know once that happens a court rarely changes them unless it is established that the regime is not in the best interest of the child.
    After the interim and some time has passed, then he can apply to have a permanent order for custody, child support from the mother, and a permanent access schedule for her.

    Good luck.


    • #3
      FL is absolutely right, may I emphasize that you need to act NOW.


      • #4
        My friend has kinship of her niece. The reaon for it was that both parents were in trouble with the law. The mother drugs and the father has a drinking problem and other things. The father wants the daughter but until he gets his act together she is stayig with my friend. Yes CAS was involved and the courts.


        • #5
          "Standing on the Sidelines" had a situation as I mentioned where both bio parents were unable to care for the child, therefore kinship was granted.
          In your case the dad is willing to care for the child and should do so right away


          • #6
            Call me 613-474-0035 or see


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