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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 04-23-2015, 02:57 PM
concerneddad32 concerneddad32 is offline
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Default 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.
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Old 04-23-2015, 03:03 PM
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arabian arabian is offline
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why were the police called in the first place? did she threaten you or your children?
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Old 04-23-2015, 03:05 PM
concerneddad32 concerneddad32 is offline
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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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Old 04-23-2015, 03:14 PM
Serene Serene is offline
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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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Old 04-23-2015, 03:17 PM
concerneddad32 concerneddad32 is offline
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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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Old 04-23-2015, 03:19 PM
LawHelp LawHelp is offline
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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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Old 04-23-2015, 03:19 PM
Serene Serene is offline
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Please see private message.
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Old 04-23-2015, 03:24 PM
Serene Serene is offline
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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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Old 04-23-2015, 04:11 PM
Links17 Links17 is offline
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Wow this is new...
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Old 04-23-2015, 04:29 PM
concerneddad32 concerneddad32 is offline
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Quote:
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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