Filing for Temp Custody

[Mr.Worthless]

If I was to separate from my wife how do you file for temp custody?

Is it first to file gets custody or is it a bit more to it than that?
I was out yesterday and while I was gone she made calls to lawyers and has filled out custody papers.

I came home to a hostile home... CAS arrived about 1pm she was sleeping on the couch and the kids were playing in the basement. He wants to talk to me today and I don't know what move to make..I have never spoke to a CAS worker before.

If I don't say anything they will think I'm lying if I bring it up later. If I say something now what if they take the kids...I cant lose my kids under any circumstances.

[Tayken]

If I was to separate from my wife how do you file for temp custody?

Is it first to file gets custody or is it a bit more to it than that?
I was out yesterday and while I was gone she made calls to lawyers and has filled out custody papers.

I came home to a hostile home... CAS arrived about 1pm she was sleeping on the couch and the kids were playing in the basement. He wants to talk to me today and I don't know what move to make..I have never spoke to a CAS worker before.

If I don't say anything they will think I'm lying if I bring it up later. If I say something now what if they take the kids...I cant lose my kids under any circumstances.

1. Are you and the other parent still residing in the same residence?

2. What are the ages of the children involved?

3. Who called CAS? Did the "hostile" environment involve a police incident?

My recommendation:

CAS is there to investigate an incident of abuse and/or neglect and/or maltreatment of the children involved.

Do not be aggressive at all. Do not drag the matrimonial dispute you are currently into the discussion. Just focus on the children, their needs and answer the questions honestly.

Honesty is a key element to how you deal with the CAS. Focus entirely on your children's "best interests". Share positive facts about the children i.e. their school environment, their friends, their connection to the neighborhood and extra curricular activities.

Do not expect the CAS to take away the children from the other parent on your word. I do not recommend hurling allegations at the other parent. Simply state that if the marriage is going to end you would like to maintain joint custody of the children and equal (50-50) access.

Demonstrate flexibility and recommend to minimize communication challenges that major issues regarding the children should be discussed via email or a managed platform such as "Our Family Wizard".

If the marriage break down is inevitable state that you want to maintain a parental relationship but, often times when a family is in transition, better means of communication can assist in the matters to insure there are no miss communications.

State that you recognize that the other parent is an equal parent and hope that the other parent recognizes this too.

Ask them about services available to you and your family to help manage the situation, resolve problems and maintain civility in the house until such time new living arrangements can be made.

Don't "state your rights" or "demand" anything from CAS. When they ask a question answer it honestly. Lies have short legs and they don't carry you very far.

You have to remember at all times that even though you and the other parent are separating you are still family after all is said and done. Don't use the meeting with CAS as a cathartic dump of everything you feel you have been "wronged" with by the other parent.

The situation is not hopeless and many people go through this. Confidence is a key element to getting through it all.

I hope this helps.

Good Luck!
Tayken

[Tayken]

i disagree with the above advice. first off speak to a lawyer. second read about how to handle them here

A lawyer is good advice and should be considered.

Canada Court Watch | A program of the National Association for Public and Private Accountability (N.A.P.P.A.)

In addition to reading the "Canada Court Watch" materials I highly recommend you also consider the following case law:

Izyuk v. Bilousov, 2011 ONSC 7476 (CanLII)

Date: 2011-12-16
Docket: F2172/09
URL: CanLII - 2011 ONSC 7476 (CanLII)
Citation: Izyuk v. Bilousov, 2011 ONSC 7476 (CanLII)

In particular paragraph 23 subsection 19 which explicitly states:

19 Several of the 14 heads of bad faith alleged by the mother, though certainly serious, distressing, unfortunate and even harmful behaviour for the parties and the children, have not been shown to fall within the ambit of bad faith intended by subrule 24(8). Examples of this conduct by the father are:
* a motion brought by the father in person while he had a lawyer on record;
* concealment of one of the children's location, in contempt of an order in a separate child protection case;
* involvement of Canada Court Watch in the case, leading to publication of information about the children and the mother;
* having one of the children assessed without the mother's knowledge or consent;
* withholding consent on various issues in the case longer than necessary or reasonable, without intent to deceive or conceal or to inflict harm;
* battling with the mother's lawyer in the course of cross-examination;
* lodging complaints against lawyers and other professionals involved in the case with their governing bodies, if not done to inflict harm;
* discussing the case in front of the children, contrary to their best interests;
* tearing up the assessment report and calling it "garbage";
* refusing to participate in reconciliation counselling;
* failing to provide prompt income disclosure, without intent to deceive or conceal.

All of these types of behaviour by the father occurred in this case. Globally, they amount to seriously unreasonable behaviour in the case, and will be dealt with accordingly under subrule 24(11). As well, they have increased the costs of the case and are deserving of sanction for that reason.

Good Luck!
Tayken

[HammerDad]

Search for "The List" on this site.

It is also a good reference for worst case scenario.

[HappyMomma]

i disagree with the above advice. first off speak to a lawyer. second read about how to handle them here

Canada Court Watch | A program of the National Association for Public and Private Accountability (N.A.P.P.A.)

Oi Vey.

Listen to Tayken. Tayken is very knowledgeable. And not angry.

I've been involved with CAS 4 times now. Though it is always nerve wracking just tell the truth and stick to the facts and everything will be fine. Good luck.

[zenna70]

I've been involved with CAS as well...I had only advised my lawyer that I recived a call from them... she advised me to contact her only if there was a "custody/access issue"
Tayken's advise is good. keep focused. They will speak to your kids. Do not coach your kids.

[Mr.Worthless]

1. Are you and the other parent still residing in the same residence?

2. What are the ages of the children involved?

3. Who called CAS? Did the "hostile" environment involve a police incident?

My recommendation:

CAS is there to investigate an incident of abuse and/or neglect and/or maltreatment of the children involved.

Do not be aggressive at all. Do not drag the matrimonial dispute you are currently into the discussion. Just focus on the children, their needs and answer the questions honestly.

Honesty is a key element to how you deal with the CAS. Focus entirely on your children's "best interests". Share positive facts about the children i.e. their school environment, their friends, their connection to the neighborhood and extra curricular activities.

Do not expect the CAS to take away the children from the other parent on your word. I do not recommend hurling allegations at the other parent. Simply state that if the marriage is going to end you would like to maintain joint custody of the children and equal (50-50) access.

Demonstrate flexibility and recommend to minimize communication challenges that major issues regarding the children should be discussed via email or a managed platform such as "Our Family Wizard".

If the marriage break down is inevitable state that you want to maintain a parental relationship but, often times when a family is in transition, better means of communication can assist in the matters to insure there are no miss communications.

State that you recognize that the other parent is an equal parent and hope that the other parent recognizes this too.

Ask them about services available to you and your family to help manage the situation, resolve problems and maintain civility in the house until such time new living arrangements can be made.

Don't "state your rights" or "demand" anything from CAS. When they ask a question answer it honestly. Lies have short legs and they don't carry you very far.

You have to remember at all times that even though you and the other parent are separating you are still family after all is said and done. Don't use the meeting with CAS as a cathartic dump of everything you feel you have been "wronged" with by the other parent.

The situation is not hopeless and many people go through this. Confidence is a key element to getting through it all.

I hope this helps.

Good Luck!
Tayken

In answer to your questions

1. Yes, we sleep in same bed and are civil until yesterday.

2. 13 and 7 my son being the eldest.

3. Police called... last week we had a fight, she told me to get out I said no. She said and I quote " you can go on your own or I'll call the police and tell them you hit me and you'll be gone for good. You have 30 mins to decide". I said " I wouldn't recommend that if I were you" She replied with oh yeah I did it before and I will do it again. I went upstairs to the bathroom and called the cops. She was irate with them and very ignorant with me. They asked her to leave for 24 hours she did then returned the next day. Yes I did mention the morphine, I was upset and not thinking. I wish I had of shut my mouth.

Thank you for the advice, I'm waiting for the CSA to arrive for my interview. Sadly my wife is sleeping, how will this look when they arrive. Maybe I should get her up and dressed. Very worried

[blinkandimgone]

Given her threats, you need to start wearing a voice activated recorder at all times when in her presence to avoid any false accusations againt you.

You need to be honest with CAS about the situation. If your wife isn`t caring for the children properly, it needs to be noted, however you also need to be doing something about it. If you stand by and let it happen then you lose credibility.

[Tayken]

Given her threats, you need to start wearing a voice activated recorder at all times when in her presence to avoid any false accusations againt you.

You need to be honest with CAS about the situation. If your wife isn`t caring for the children properly, it needs to be noted, however you also need to be doing something about it. If you stand by and let it happen then you lose credibility.

But, do it in a manner that is respectful of the other parent and their health issues and possible addiction issues. These are not unsolvable problems but, can put the children in question in danger.

Make sure you provide CAS with the police incident number. Some times they just get a call and don't have the incident number etc. If you have the officer's badge number you can provide that too.

You are best not to try and do anything that is "out of the ordinary" to your regular routine either. If the other parent is sleeping, disoriented, etc... It is best that CAS see it for themselves. Let the CAS worker observe the challenge.

Good Luck!
Tayken

[WorkingDAD]

A lawyer is good advice and should be considered.



In addition to reading the "Canada Court Watch" materials I highly recommend you also consider the following case law:

Izyuk v. Bilousov, 2011 ONSC 7476 (CanLII)

Date: 2011-12-16
Docket: F2172/09
URL: CanLII - 2011 ONSC 7476 (CanLII)
Citation: Izyuk v. Bilousov, 2011 ONSC 7476 (CanLII)

In particular paragraph 23 subsection 19 which explicitly states:



Good Luck!
Tayken

there is lot about Court Watch here
C.S. v. M.S., 2007 CanLII 6240 (ON SC)

Date: 2007-02-27
Docket: 297-03
Parallel citations: 37 RFL (6th) 373
URL: CanLII - 2007 CanLII 6240 (ON SC)
Citation: C.S. v. M.S., 2007 CanLII 6240 (ON SC), <http://canlii.ca/t/1qr43> retrieved on 2012-07-27

para [99] to [119]... I read their material on recording in court room. some of material on the site is look ok some over the top. so I kind of having hard time to say anything about CCW...