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Is this a material change?

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  • Is this a material change?

    I fought for 5 years for access to my children. At trial, the judge granted me access and the mom full custody. There were no concerns about the mom at that time. I went to see them for the first time last weekend and they told me that CAS removes them from their mom and placed them with their step dad and step grandmother with a safety plan.

    I filed a motion and was approved to proceed with a motion to change. I donít have a lawyer and now step dad wants to be added as a party and his lawyer is threatening to take away access and saying my conduct is vexatious. All that I did was report the child abuse disclosed by my children and file a motion.

    Any thoughts?

  • #2
    Originally posted by erin5252 View Post
    I fought for 5 years for access to my children. At trial, the judge granted me access and the mom full custody. There were no concerns about the mom at that time. I went to see them for the first time last weekend and they told me that CAS removes them from their mom and placed them with their step dad and step grandmother with a safety plan.

    I filed a motion and was approved to proceed with a motion to change. I donít have a lawyer and now step dad wants to be added as a party and his lawyer is threatening to take away access and saying my conduct is vexatious. All that I did was report the child abuse disclosed by my children and file a motion.

    Any thoughts?
    did the kids tell you they were removed by CAS or did you call CAS?

    Comment


    • #3
      Yes it has been verified through CAS disclosure

      Comment


      • #4
        You're going to find people reluctant to provide you with advice or insight here because what is a material change is properly a question for a family lawyer- and one that the courts have found is highly case specific. I think there are some general rules if you want to look up case law.

        Do you have a lawyer?

        Comment


        • #5
          Originally posted by erin5252 View Post
          I filed a motion and was approved to proceed with a motion to change.
          Without knowing any details, unless your ex is no longer allowed to be with her kids, I would assume this is not a material change. If there were any serious issues, it would have been an urgent motion. The fact that you were told to proceed with MTC, which could take a year+, makes me think that any issue your ex had would be resolved by then. Do you know what happened and how long any restrictions might be in place? Stepdad can be added as party but your access won't be reduced.

          Comment


          • #6
            Originally posted by StillPaying View Post
            Without knowing any details, unless your ex is no longer allowed to be with her kids,.......
            Step moms access was reduced

            I am confused, You and the mom separated.
            She got married and then separated again.
            The person she separated from is not the biological parent but has custody and more access than you?

            It is not an urgent motion the now simply because the children are not in immediate danger, there are rules for an urgent motion available for each region, I would look those local rules up.

            Comment


            • #7
              Originally posted by erin5252 View Post
              ...I fought for 5 years for access to my children...


              ...I went to see them for the first time last weekend and they told me that...


              I'm assuming this is just terrible English or wording? Something doesn't add up here.

              Comment


              • #8
                I can clear up any questions you have.

                My ex and I had two children. Split up in 2013. She took the kids and was supposed to go to Alberta. She didn't. I found her in 2015 in Ontario. I started an application. Finally got to trial in 2019. She got full custody. I got access (which she was against without merit). Judges decision blasted her conduct but because I am out of province and was a stranger by that time, she did not disrupt the children.

                In summer 2020 I went to see them for the 1st time. Found out CAS removed the children placed them with her ex. She has not been allowed around them unsupervised since March 2020.

                Just had a trial on the material change in June 2021. No decision yet.

                Comment


                • #9
                  Was this a trial for custody/access?

                  Comment


                  • #10
                    Yes it was for custody and access

                    Comment


                    • #11
                      What was the reason for supervised access and when will it stop?
                      Whats happened with your access since summer 2020?
                      Do you still live out of province and are a stranger now?

                      It's a tough call. Assuming it's temporary, child is still with stepdad/family and their only known parent, plus city/province, schools, clubs. Depending on my first question, that's a hard one to order child uprooted into the unknown.

                      Comment


                      • #12
                        Hi there- no supervised access for me. I was granted 20 days of access per year. I live out of province. Since the time of the first order I have had two calls per week. Only one visit in 2020. Am planning to go back this fall again for another visit.

                        Mom has not been allowed around the kids since March 2020. Diagnosed with paranoid schizophrenia and has been formed into the hospital 3 times.

                        She tried to drown one child and locked both children in a room and tried to force them to take her meds.

                        Step father has them now.

                        Comment


                        • #13
                          Wow. Quite the case. So do you pay the step father child support?

                          Comment


                          • #14
                            Have been paying FRO and mom has been receiving it. Step-father refused it

                            Comment


                            • #15
                              That is an even more messed up situation.

                              Comment

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