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  • CAS investigation

    Well I have had to break down and hire a lawyer, my STBX backed out of Mediation (shocker NOT) So my lawyer has advised me that we need to get an Order, which we have begun. After getting wind of this my STBX withheld the kids from me this past weekend, and because an order is not yet complete, the police were called and could do nothing (but at least I have a report) As of today, she has called and report "something" (I have no clue what) to CAS and her lawyer now says my access has been denied until they can resolve this matter. Is there any legal implication when she is making false accusations? I mean when the police contacted her last week, she simply told them she would release the kids if I put in writing that I would do 100% of the transport. NOTHING about fearing for their safety, then 5 days later she involves CAS?!?!? I know I need to just battle this out and wait it out, but my access with my kids is on the line now, and think I am abandoning them.

  • #2
    why were the police called in the first place? did she threaten you or your children?

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    • #3
      No, I drove down to pick up the kids for my scheduled access and she was not there, would not answer the phone, respond explaining where she was, I didn't know where she was if she had taken off with the kids or just being difficult. so I involved the police in order to attempt to find out my kids where abouts and have my access with them.

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      • #4
        CAS must have told you why they are denying access? I note you say HER lawyer has advised...her lawyer and her don't get to decide...if CAS wants to restrict access they would have told you.

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        • #5
          They have no contacted me, this came in an email from her lawyer to my lawyer, I am new to all of this and very distraught. My kids are my world and I missed last weekend with them and don't want to miss out on another. We had requested she make up the time from last weekend this weekend and her lawyers response was there is a CAS investigation.

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          • #6
            CAS will open a file and will have an interview with you and if it is founded that you have been reasonable and there are no issues for safety of the kids, they will close the case.

            Have all the documents and proof ready to show CAS that it is her that is making up false allegations and denying access to you for no reason.

            Be co-operative and display your home in a good condition.

            Good luck!

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            • #7
              Please see private message.

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              • #8
                Well then they are denying access without any proof of anything. Cas hasn't even contacted you yet. Therefore, they have zero findings.

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                • #9
                  Wow this is new...

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                  • #10
                    Originally posted by Links17 View Post
                    Wow this is new...
                    I am not sure if you are being sarcastic, it is new for me. Not sure if it happens often, I certainly hope not!

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                    • #11
                      Originally posted by concerneddad32 View Post
                      I am not sure if you are being sarcastic, it is new for me. Not sure if it happens often, I certainly hope not!
                      Unfortunately it does happen more then it should. Some people (both sexes) use CAS as a tool to try and strengthen their position for court proceedings. They will call with unfounded allegations of abuse (both physical and sexual) to try and nail the other person. I think its the whole theory of throwing enough mud and something will eventually stick.

                      I would contact CAS and see if they have even had a call. That is your starting point.

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                      • #12
                        Originally posted by standing on the sidelines View Post
                        Unfortunately it does happen more then it should. Some people (both sexes) use CAS as a tool to try and strengthen their position for court proceedings. They will call with unfounded allegations of abuse (both physical and sexual) to try and nail the other person. I think its the whole theory of throwing enough mud and something will eventually stick.

                        I would contact CAS and see if they have even had a call. That is your starting point.
                        Don't take the bait and find out what the allegations are ASAP.

                        Calling CAS with false allegations seems to have become part of the script for high conflict litigants. I was blindsided by this after my first court ordered visit with my young son last year.

                        I was accused of physically, sexually and emotionally abusing my then infant son while spending time with him in his mother's home while she was present.

                        The police were not called and my ex didn't say a thing while she was waiting for CAS to do her dirty work. Neither of us had lawyers at that point and lucky for me, CAS didn't believe her right from the start.

                        I knew nothing about the allegations against me until 2 1/2 weeks later when the case worker called to interview me. The CAS let my ex hang herself while my I continued having access visits with my son in her home.

                        It was very stressful at the time but after learning it is part of the game for this type of parent, I am glad she did it so early in the process and now has serious credibility issues in the eyes of the courts.

                        Good luck sorting everything out in your situation but don't think this tactic is anything out of the ordinary under the circumstances.

                        Comment


                        • #13
                          Originally posted by standing on the sidelines View Post
                          Unfortunately it does happen more then it should. Some people (both sexes) use CAS as a tool to try and strengthen their position for court proceedings. They will call with unfounded allegations of abuse (both physical and sexual) to try and nail the other person. I think its the whole theory of throwing enough mud and something will eventually stick.

                          I would contact CAS and see if they have even had a call. That is your starting point.
                          Good post.

                          I also recommend you have your lawyer threaten the other lawyer with an urgent motion if access is not immediately resumed.

                          The downside there is that urgent motions can cost a lot of money.

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                          • #14
                            So my lawyer send her lawyer a letter asking for the contact info for the case investigator, if we dont have that today i will ne calling myself! My kids talked to me last night like normal, so i suspect they know nothing of this yet, the 10 year old was asking if i was picking him up this weekend! Am still in shock she is doing this!

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                            • #15
                              One thing I've never understood about family law is the double standard on police involvement. A friend and his wife foster a couple of children and if the kids refuse to go to their visits with their parents, police will drag the kids out kicking and screaming. But if it's "just a divorce" police will just file a report and not get involved.

                              Comment

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