I will try and give a quick rundown of events. I had "defacto" custody of my children from mid 2008 until April 2009, whereby their father took the children under the premise of having them for the weekend. At this time I was not around and I had left the children in my parents care. My ex did not return the children, filed and was granted an exparte motion for sole custody until case conference. I went away for a month seeking addictions treatment.
Well, case conference will be held soon and my lawyer will then be filing a motion to have the children returned to my interim care until trial as this will definitely be a case going to trial (sadly).
As this is a CAS matter relating to my care of the children (let it be noted that at no time were the children in danger) and the CAS has made a determination that the children will be safe in my care, what are my chances?
Just who the heck has the status quo? Me, the Mom who has been their primary caregiver for their entire lives and who has cared for them since separation? Or the father, who will have had the children (by the time the motion is heard) for 2 months???????
The exparte motion was granted only on his written affidavit only. I have issues with the father only as it relates to control (of me) and his parenting style (which I realize I will have to "get over"). He is a capable father.
Oh, one thing to note, this involves three children. Two in grade school (he moved them, changed their schools and then got the damn motion!) and one who is only 18 months of age. Prior to this the baby was still being breastfeed and had been in my sole care from the time of birth!
Surely, considering these circumstances I would have the "status quo"????
I have gone onto the CAN II site and have been searching various orders of the courts in such circumstances but never have I found such a short frame of custodial care yet where it was changed.
I am just curious as to what others will think of my chances. I realize no one is a lawyer or judge here and things are very unpredictable but until I get to court on this my mind is reeling!!
Well, case conference will be held soon and my lawyer will then be filing a motion to have the children returned to my interim care until trial as this will definitely be a case going to trial (sadly).
As this is a CAS matter relating to my care of the children (let it be noted that at no time were the children in danger) and the CAS has made a determination that the children will be safe in my care, what are my chances?
Just who the heck has the status quo? Me, the Mom who has been their primary caregiver for their entire lives and who has cared for them since separation? Or the father, who will have had the children (by the time the motion is heard) for 2 months???????
The exparte motion was granted only on his written affidavit only. I have issues with the father only as it relates to control (of me) and his parenting style (which I realize I will have to "get over"). He is a capable father.
Oh, one thing to note, this involves three children. Two in grade school (he moved them, changed their schools and then got the damn motion!) and one who is only 18 months of age. Prior to this the baby was still being breastfeed and had been in my sole care from the time of birth!
Surely, considering these circumstances I would have the "status quo"????
I have gone onto the CAN II site and have been searching various orders of the courts in such circumstances but never have I found such a short frame of custodial care yet where it was changed.
I am just curious as to what others will think of my chances. I realize no one is a lawyer or judge here and things are very unpredictable but until I get to court on this my mind is reeling!!
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