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Emergency Custody

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  • Emergency Custody

    Hi there,
    Looking for advise on whether to file an emergency custody order or a temporary order.

    Right now my ex has custody of our daughter, but just informed me that she is going to rehab for drug addiction and mental health issues. She also stated that she wants me to take her full time for the next three months only. My daughter is graduating grade 8, and will start high school in September. I not sure, but i believe i need to have full custody to register her in school. There are also some other issues that happened in the past that we found out in the OCL report, about overdoseing and abuse.
    Also, if we file either order, are there some other things we might come across?
    Thanks Jason​

  • #2
    1. Speak to a lawyer
    2. Call CAS
    3. File a motion to change
    4. Book an urgent motion


    • #3
      Thank you very much


      • #4
        Also, just some advice on timing. I would wait until your daughter has moved in full time, your ex has entered rehab and then file the paperwork. If you do it prior, there is potential for her to backpedal. I assume you are thinking you want full custody and access even when she is out of rehab? Or are you okay with it being temp?


        • #5
          Thank you for the response. I am looking for for full time even when she’s out of rehab. I will wait like you suggest that’s a great idea as to not backpedal. I’m ok with temp for now but will definitely be looking for full time after she’s moved in and settled.


          • #6
            To be clear, this is more for a live in treatment center 30+ days where parenting isn't an option. I don't agree with the back pedaling plan - maybe they won't get treatment?!

            Getting treatment for anything is only a good thing where custody changes would not happen. What's important is what put them into treatment and whether kids were ever in danger.


            • #7
              My advice- for what its worth- was for the OP to wait to file for the emergency motion until after the mom has entered her treatment program (I'm assuming its a live-in program). If he files beforehand, there is a good chance of the mom not going into treatment due to the court action and the daughter not leaving the environment. Get the daughter out first, then file. Good luck!


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