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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 05-04-2016, 09:49 PM
Lisa1993 Lisa1993 is offline
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Default Non-biological dad fighting for custody, HELP!

This is going to be lengthy so please bare with me.

My husband has 2 children aged 3 and 7, they are not biologically his but he has been in the 7 year olds life since she was 2 months and the 3 year old since the day he was born.

In Febuary, the childrens mother who we will call Kate, had decided she was not going to let my husband who we will call Bill then served her on the 24th of March, after serving Kate she started to allow us to have visitations, CAS became involved and through CAS we learned that Kate's boyfriend Jack was not allowed in the home around the children AT ALL, now through common sense and some inside sources we found out that Jack was still living with Kate and the kids (we have physical proof) and she has been hiding Jack in the crawlspace when anyone knocks on the door, since finding out that Jack was not allowed around the kids, we had the kids almost everyday and everyweekend, everything was going well unitl this previous weekend when we picked up the kids and were only supposed to have them for an hour, we discovered that Kate had a diabetic episode and an ambulance was there and so was Jack, so Bill called CAS and told them that he did not feel safe returning the children to Kate due to the state of the home and because of Jack, CAS informed us that if we felt unsafe we did not have to return them, Kate called the police and the police deemed her home as unfit and told us that we were to keep the children, at 3am that night Jack began calling Bill's phone threatening Bill, police were called, Saturday my step daughter informs me that Jack has kissed her on the lips even when she tells him no and that he has touched her on private area's and spanked her, that same evening Kate's father attempts to force his way into my home while he knows that my husband is at works and injures me in the process, police are called, Monday morning we were waiting for our regular worker to return to the office to get us to the next step of keeping the children, a temp worker calls us and lets us know that Kate has cleaned her home and that the children need to be returned, Bill explains he knows and has proof that Jack is still in the home and what the 7 year old has said Jack has done, CAS says nothing about this or the fact that not once did Kate text or call to see the kids or have them back for the 4 days we had them, Kate and the police as well as her father showed up at my home to take the children, the children beg and pleaded to not have to go home with Kate. The were still forced, When our regular worker returned to work on the Tuesday she told us that there was nothing she could do about taking the children out of Kate's home, still completely unconcerened about what the 7 year old has claimed but are concerned about the fact that Kate was told by the owner of a bar that he was kicked out for doing drugs (which is not true and the owner of the bar wants to speak directly to the worker to tell her that it is not true) and the worker will not return our call about this matter, we all got police checks and drug tests for CAS. we have a emergency custody hearing on the 12th and a normal court case on the 18th.


I guess my questions are:
1. what can we do in regards to CAS placing them back into a unsafe enviorment
2. she has yet to file an answer for both hearings, what happens when a respondent does not file an answer.
3. anyone know any pro bono family lawyers in the niagara,ontario region?


so desperate so ANY advice will be wonderful
we are working on getting a lawyer through legal aid

**names have been changed to protect idenity***
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Old 05-05-2016, 08:36 AM
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Janus Janus is offline
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Quote:
Originally Posted by Lisa1993 View Post
We have a emergency custody hearing on the 12th and a normal court case on the 18th.
Win the emergency custody hearing. Don't do anything stupid like self-help. The kids will probably survive a week. Bring all the documentation that you can.

If CAS is willing to let the kids return, you might not even win your case on the 12th. The organization dedicated to making sure that kids are not at risk has determined (perhaps incorrectly) that they are not at risk. That's a big hurdle to overcome on an emergency motion. Especially for somebody who is not even the biodad.
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