Father's Rights

[CISTEAD]

I have just learned that my stepsons and their Mother are involved with The Children's Advocacy Office and Justice for Youth Niagara. We do have the OCL involved in our case, but this seems above and beyond. I did a seach on what these gov bodies are for and I am quite alarmed.
Does my husband have the right to contact these places and question what is going on with his children? Their Mom has full custody, however we have liberal access.
Thanks

[logicalvelocity]

Yeah.

Unless, the court orders otherwise -- Both parent's are equally entitled to information pertaining to their child/children's health, welfare or education.

Seems like that would fall into the 'welfare' category. Start making a disclosure request for same.

[CISTEAD]

Thank you.
Could you direct me to the most time effective measure of going about this? Do we file with the court, or call each institution themselves?
We would like information from Health and Education as we also learned that the Truancy Officer is involved and that the oldest son only received 3 credits from Grade 9 last year, we were never informed of this and we were led to believe he was doing well. We have asked for report cards numerous times.

[logicalvelocity]

Send the individuals a letter requesting health, welfare or education information pertaining to the child. Most would have fax machines as well.

[NBDad]

Call the school/school board directly. Your husband should be on the children's file as a secondary contact point.

He has the right to request his OWN copies of the report cards directly from the school.

[dinkyface]

Unfortunately, organizations can use the 'Personal Health Info Protection Act' if they want to justify non-disclosure of info to the 'non-primary' parent - EVEN IF you have joint custody! This is a known discrepancy in our laws. See here for more info https://www.cmpa-acpm.ca/cmpapd04/do...of_phipa-e.pdf

[CISTEAD]

Thank you guys so much. I have already been successful in making contact at the Children's Advocacy Office, and that person has offered to forward the request to other agencies involved, including the police department. I pray we get some information, I have a feeling we are in for a eye opening experience.

[NBDad]

The kicker is that as long as you are listed on the children's school registration forms....you are legally able to request the info. They won't release it over the phone, but you can go in and pick it up. If the school gives you grief...call the district office...start straight at the superintendent. (Shit flows downhill...if you start at the highest possible point, things tend to get done a LOT faster.)

Even before I had sole custody, I made damn sure that the principal AND all the teachers knew who I was. I made a point to book a meetings with them separately to bring them up to speed on the family situation.

If your hubby is NOT on the school registration forms, get that corrected ASAP. He has a legal right to be on there as the children's parent.

[CISTEAD]

He has been on the list in previous years as a contact, and has been able to go pick up the kids in emergencies etc. We have even placed the kids in school in our area when Mom had to have surgery. Unfortunately, they change schools a couple of times per year. We were just made aware that the principal of the latest High School is on the oldest boys case in a big way due to Truancy.I am thinking that placing a call to him would be the way to go.

[NBDad]

Gather as much details as possible...it sounds like you might have enough to file a motion to change custody/access.

Unfortunately, they change schools a couple of times per year.

This one in and of itself would be enough. THAT is not in their best interest, it shows a severe lack of stability and will greatly affect their education. That level of upheaval leads to severe knowledge gaps and can contribute to under performance at school.

[CISTEAD]

I agree 100%. I know we could provide a more stable environment and that we would probably have a really good shot at winning. My question or more of a dilemma really, is that these boys are very attached to their Mom, in almost a protective way. At their ages,,,,,,,15 and 12.......would a judge award us custody if they weren't in agreement?

[NBDad]

The 15 year old....no.... it'd be a case of what he wants goes.

The 12 year old....might be another story....he's old enough to express his wishes in court, and it would be taken under consideration, however it wouldn't be as set in stone as with the 15 year old.

[CISTEAD]

That was my concern as well. And separating them would not be an option. They are great together.Best we can hope for is that they see in time that it would be in their best interests....or our case is strong enough the judge rules for us......Things are coming to a head very quickly.....Director of C.A.S has just left a message at our house to call him. My husband is calling now. Thanks again all.......I wouldn't have had the knowledge to/or how to demand info if not for this forum.

[NBDad]

Ouch...if CAS is that heavily involved....may trump the children's wishes...depending on the situation.

If they are getting ready to apprehend the kids, you may have to make a motion to head that off. (However if CAS apprehends...they have 5 days to get before a judge to prove WHY they should continue to have the kids...if they know who YOU are, they have to inform your hubby of the hearing, and he will have the opportunity to request the children be turned over to him)

[CISTEAD]

Good to know, thanks NB.

I think the boys would raise holy hell if they were removed. They would want to be with us 100% over anyone but their Mom. Our relationship is always up and down, but they want to be with us for the most part.
I don't have much faith they will be apprenhended anyway. I think Mom does a great job of fooling everyone.