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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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  #11  
Old 10-18-2012, 06:06 PM
scarycheri scarycheri is offline
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So I spoke to CAS. I was told that I'm doing all the right things by protecting my daughter. They aren't opening a case but did make record of my call. They basically said that I should explain my concerns to my ex. If he proceeds to court then cross that bridge when I come to it
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  #12  
Old 10-18-2012, 08:30 PM
SynGreis SynGreis is offline
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my thoughts exactly.
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  #13  
Old 10-18-2012, 10:47 PM
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wretchedotis wretchedotis is offline
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I call BS.

In my experience, CAS does not 'advise' anyone to do anything.

They take matters into their own hands, if need be.
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  #14  
Old 10-19-2012, 01:29 AM
danzuchy danzuchy is offline
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This is the very reason why Judges are becoming very distrustful of CAS, therapist etc.

It's because this type of nonsense. There are two cases

1) The child is NOT in danger- CAS does nothing
2) Child is IN danger- CAS does everything in it's power to protect child including going to court


Anything in between is just useless white noise. CAS isn't really concerned about the danger thus they are making you do the dirty work. You won't sway a Judge without CAS there putting their neck on the line.
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  #15  
Old 10-19-2012, 01:31 AM
danzuchy danzuchy is offline
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Quote:
Originally Posted by wretchedotis View Post
I call BS.

In my experience, CAS does not 'advise' anyone to do anything.

They take matters into their own hands, if need be.

Actually CAS does a lot of weird things and they lie a lot. Their budget is shrinking, the are inundated with legal suits and the Ombudsmen on their back hardcore. They are very careful on what they back and you'll rarely get anything in writing from them these days.
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  #16  
Old 10-19-2012, 02:02 AM
SynGreis SynGreis is offline
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i agree, the neglect and the incompentance that CAS has is unfathomable.
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  #17  
Old 10-19-2012, 02:07 AM
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Quote:
Originally Posted by SynGreis View Post
i agree, the neglect and the incompentance that CAS has is unfathomable.

I'll tell you how bad it's getting: My ex had a letter from a CAS supervisor and a supervisor from Victim's Service (AKA the police- they do what the police tell them).

The Judge took the two letters, ripped them at the very first 30 seconds of the case and said- "now let's get down to the TRUE facts and get rid of these lies".
It was extreme what he did but both letters contained easy to dispel lies. He even told my ex that if those two org. and the police were serious they would have been in court to answer his questions. Since they didn't come he said it was all BS and "posturing".

Needless to say he then continued to verbally smacik both of us and we were both ordered to pay costs to the court. So go figure........
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  #18  
Old 10-19-2012, 07:43 AM
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Originally Posted by slughead10 View Post
if its not in writing then send the child for the next scheduled access and let cas go to court and foot the bill.

notify them of when the next scheduled access is and let them deal with it. why should you be playing gate keeper?


what makes me suspicious is if it was serious they would open a file.....
What Slughead10 is stating is correct. Unless you have cogent, relevant and TANGIBLE evidence from CAS (as also noted by NBDad) what CAS has told you is a pile of crap.

If CAS did in fact tell you, OP, that you should deny access and not acted under the Family Services Act to protect the child and told you to self remedy please post the name of the Social Worker who provided this instruction so I can formally file a complaint to their governing clinical body.

The clinician has provided instruction to abduct a child in contravention of 282.(1) of the criminal code of Canada, Children's Law Reform Act, the acts governing the CAS and finally the clinician's own governance as defined by their college.

As Slughead10 said: "let cas go to court and foot the bill"

In fact, CAS is compelled to "go to court and foot the bill" if the child is in need of protection. So, calling "BS" on the OP is appropriate in this case.

I highly doubt the OP is being honest. CAS has SPECIFIC governance rules about "emergencies" and "child protection" and none of it reflects the posters description.
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  #19  
Old 10-19-2012, 08:10 AM
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Originally Posted by danzuchy View Post
I'll tell you how bad it's getting: My ex had a letter from a CAS supervisor and a supervisor from Victim's Service (AKA the police- they do what the police tell them).

The Judge took the two letters, ripped them at the very first 30 seconds of the case and said- "now let's get down to the TRUE facts and get rid of these lies".
It was extreme what he did but both letters contained easy to dispel lies. He even told my ex that if those two org. and the police were serious they would have been in court to answer his questions. Since they didn't come he said it was all BS and "posturing".

Needless to say he then continued to verbally smacik both of us and we were both ordered to pay costs to the court. So go figure........
I would REALLY appreciate it danzunchy if you could send me a private message on the forum with the Judge in the matter's name. I would really like to review the judges' case law postings on CanLII in Family Law matters.

1. Letters, should be "ripped" apart as they are not affirmations to the truth and the court, just as the judge demonstrated quite graphically, does not consider them unless the provider testifies and is cross examined on the content.

2. In the matter, the judge should have (my opinion) ordered the matter to viva voche in 7 days and ordered the police and all medical practitioners to be cross examined.

3. The costs order of both parties to have to pay costs to the court, although you may not agree with it, is what should be happening when BOTH parents are unreasonable in their requests to the court. If they are represented by counsel the COUNSEL should also be ordered to pay costs for the frivolousness and stupidity being brought to the public court system as they are technically OFFICERS OF THE COURT.

More judges need to take this approach with parents who are attempting to leverage the police, CAS and contravene law to gain an advantage in a custody and access matter.
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  #20  
Old 10-19-2012, 08:12 AM
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Quote:
Originally Posted by danzuchy View Post
Actually CAS does a lot of weird things and they lie a lot. Their budget is shrinking, the are inundated with legal suits and the Ombudsmen on their back hardcore. They are very careful on what they back and you'll rarely get anything in writing from them these days.
CAS in Ontario doesn't have the Ombudsman on their back *yet*. Ontario is the only jurisdiction in Canada (i think) that isn't responsible to the Office of the Ombudsman for their conduct.

You can add Legal Aid to the list of organizations who are also operating improperly, funding frivolous lawsuits and not diligently protecting the assets of the public they have been provided to insure that public funds are not obtained through fraud.
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