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-   -   CAS advised me to file emergency order to revoke access (https://www.ottawadivorce.com/forum/showthread.php?t=13395)

scarycheri 10-18-2012 08:56 AM

CAS advised me to file emergency order to revoke access
 
My daughter had a session with her therapist which resulted in CAS being called. CAS advised me since I have full custody that they do not need to investigate as along as I keep my child from going to her Dad's. They also suggested that I file an emergency order to revoke access. How do I do this?

hadenough 10-18-2012 09:21 AM

Okay first off I have no idea how CAS really operates (perhaps NBdad and some others will advise) but one would think that you should obtain some kind of document/directive from CAS directly to attach with your motion materials. As a starting point. And/Or a letter written and signed by the Therapist you mentioned, reflecting the instruction made by CAS.

scarycheri 10-18-2012 09:25 AM

The therapist said she can offer her notes as proof. I am just not sure which forms I fill in and how I go about getting this order. Is it as simple as just filing it with the court? Do I have to see a judge?

hadenough 10-18-2012 09:29 AM

If it is an urgent/emergency motion as you describe, you would go before a judge. Those matters are dealt with quickly. The court clerks should be able to advise which form(s) to complete. I'd say look on Ontario Court Forms.ca but it would be best if you knew exactly which form needs to be filed.

limer 10-18-2012 09:33 AM

If there is a case of child endangerment or abuse then the CAS has a legal obligation to "Protect the Child"; as does the therapist. They are required by law to report to the "Child Protection Services" or the "Police". I would question the CAS and this therapist. Sounds like they are shirking their legal responsibilities unless there is something else surrounding the matter.

hadenough 10-18-2012 09:37 AM

@limer: very true. I'm slow on the uptake this morning. Can't imagine why CAS and the therapist would not follow standard operating procedure as they are duty bound.

scarycheri 10-18-2012 09:41 AM

Basically what happened was that my daughter complained about her father's erratic driving, lack of food, inappropriate conversations. My ex is bi-polar. The therapist was concerned and told me she would be calling CAS. The CAS worker told her that because I have custody it is my responsibility to keep her safe. As long as I am not exposing her to the environment there is no case. If I continue to obey the order and send her both myself and my ex would be investigated. I have not spoken to CAS myself, it was the therapist that has had all the contact. It was also the CAS worker that suggested I change the order siting the accusations as reasons why to revoke access so that I am not in contempt of the order. I don't foresee my ex going after me in court since he lost the last time. He feels the government and the legal system are out to get father's so he doesn't trust them. Should I bother to change the order or continue to be in contempt and deal with the consequences if he does anything about it.

Mess 10-18-2012 09:44 AM

It sounds like since there is no issue with there mother and she has full custody, the CAS isn't challenging the custodial parent and really it is up to her. The therapist did their job, they reported to CAS and are ready to yurn over notes. What I would recommend is asking for clarification from CAS legal department what to do. Don't just phone, make an appointment and bring a list of questions.

NBDad 10-18-2012 10:13 AM

If CAS is the ones telling you to not allow her to go to her father's, they need to provide you that direction (in writing) and be willing to testify to that effect in court.

If they are not willing to do that, then legally you must obey your court order. CAS should be opening a file on your ex until such time as you can get your order changed if they have that level of concern.

You ideally need to speak to a lawyer, ex parte motions are expensive and complicated. Honestly your best bet is to raise the issue with your ex and get his agreement to suspend access temporarily until the situation can be resolved.

SynGreis 10-18-2012 01:57 PM

i may be wrong but take it as a grain of salt.

you can file an emergency order by way of notice of motion describe what happened use the footnotes as evidence and MAKE SURE YOU PUT IN "made under family law rule 14".

They hold motions every friday(well mine atleast) you will go before the judge and if evidence is sufficient they can revoke access, change an order, or anything that would address the issue. Since this is of dire consequences you may not be required to serve the father.

the poster is right, if CAS is recommending you to do something then they have to put it in writing.


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