View Single Post
Old 11-06-2012, 03:33 PM
HammerDad HammerDad is offline
Senior Member
Join Date: May 2010
Location: Hamilton
Posts: 3,968
HammerDad will become famous soon enough

Originally Posted by scarycheri View Post
as long as I protect my daughter, by either not sending her to her Dad's or by filing an emergency order, there is no need to open a case.
If there is a court order, until it is changed by a further order, you must abide by it.

So the advice they gave is bad. Should you have a reasonable belief that your child is in danger, you should file an emergency motion to temporarily restrict the ex's parenting time to either supervised or that it be withheld temporarily until the court renders its decision.

You cannot unilaterally alter the parenting schedule. I don't care what the CAS told you....they aren't lawyers and thus should not be giving that sort of advice. And trust me, I have a long on-going relationship with the CAS (due to my ex being a CAS worker) and I can tell you, they don't know the law outside of their own jurisdiction and shouldn't be giving this sort of advice any more than I should be instructing people on how to fly a plane......they just aren't trained in this.

Should your ex have half a brain, and you unilaterally decide to withhold his parenting time, he can file a motion for contempt against you.

You need to either:

a) have the CAS open a file and state they will not allow the child to be with your ex for his parenting time; or

b) file a motion as stated above temporarily altering the parenting arrangement.

But to take the CAS' word that you can do something, when many others are telling you otherwise, is being willfully blind and only listening to what you want to hear.

I've had my ex come home and tell me stories of families she's dealt with and she openly would say that some of the things she did were outside her realm of authority......and to be honest, my ex is likely one of the more knowledgible and better case workers I met while with her for nearly 3-4 years....
Reply With Quote