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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 02-08-2018, 08:05 PM
kate331 kate331 is offline
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How much weight does the CAS have on a decision a Judge would make in court re Sole Custody? The worker has written a letter stating their "position" in support of one parent over the other.

Say one parent vehemently opposes it, so the other parent agrees to try and make Joint Custody work and do it on consent. Would a Judge still consider the CAS position and for lack of better legal terms, agree to it?

Hope I am asking my question correctly. I have only been in court once for a First Appearance. Case Conference is schedule next month and I am hoping to resolve some of our differences before then.
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Old 02-08-2018, 08:24 PM
rockscan rockscan is offline
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I would think if the report outlines abuse or fear for the childs safety, a judge may give it weight. If the parent seeking sole custody wants to work with the other parent then a judge would probably err on that side.

Are you worried the child would be hurt?
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Old 02-08-2018, 09:23 PM
kate331 kate331 is offline
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Quote:
Originally Posted by rockscan View Post
Are you worried the child would be hurt?
Physically NO, but mentally yes. We have fought in front of the children and are both to blame.

I am the parent asking for sole custody, but it isnt a priority to me anymore, to be honest. I did it because my lawyer and CAS advised me to do it and I didnt give it much weight because we have been separated for almost 1 1/2 years now, so by default we both have equal custody, so I dont see how now a court order would make a difference in our parenting moving forward.

What we need is solutions to not involve the children. I would rather fight in court for school/daycare pick up and drop offs then a piece of paper saying who has legal custody.

If the other parent feels his parental rights are being taking away, then this is something I can compromise on to move forward. That said I am walking a fine line because my CAS file is still open pending a court order.
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Old 02-09-2018, 06:13 AM
rockscan rockscan is offline
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He needs to go to a parenting after divorce class and counseling. Its difficult when one parent involves the kids. He needs to get over himself.
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  #5  
Old 02-09-2018, 09:20 AM
Berner_Faith Berner_Faith is online now
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Quote:
Originally Posted by rockscan View Post
He needs to go to a parenting after divorce class and counseling. Its difficult when one parent involves the kids. He needs to get over himself.


They both should attended a parenting after divorce class seeing as she says they both fought in front of the children and are both to blame. They both need to get over themselves and stop fighting in front of the children. It takes two people to fight.

Why do you have to go to court for school pick up and drop offs? Is he wanting exchanges to be at one parents house? Honestly sole custody only gives you rights to make decisions on school, medical, religion, stuff like that and really there arenít that many decisions to make... school will be in the zone the children reside, if something is medically necessary it will be done and I assume you both have your set religions or no religion so really custody isnít worth fighting over... access is maybe what he is seeking rather than custody?


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Old 02-09-2018, 05:08 PM
kate331 kate331 is offline
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Berner Faith, I agree that custody isnt worth fighting for, we have lived without a court order for long enough, and decisions regarding school & religion are not an issue, Sometimes medical is, but we have been able to work through them with the help of social workers. Primary residence isnt an issue, as we both agree to keep my current address for schooling.

Right now while going through the Court System tension are running high, I just want it over with and he wants to keep delaying it. Having school pick up and drop offs would be ideal as we wouldnt have to be face to face, but that would increase his access significantly and he does not want that. He wants to keep the status quo of every Wednesday and Saturday overnights until Sunday at 5:00 pm. No sharing school Holidays. He thinks the getting the kids to daycare and on a school bus by 7;45 am coming from across town where he lives would be too much. I am hoping a Judge will agree with me, but I do realize its not enforceable, but at least it would be on paper.

Yes, it takes 2 to tango, and I am not blameless. I get frustrated with his lack of commitment to sharing parenting and get myself to the point where I see his life on easy street, living the single life seeing the kids when its convenient for him. Not taking them on weekends if he has other plans. Going on stress leave because the Family Court system is too much of a weight on his shoulders. Paying CS "when he can" refusing to cover Daycare (he cant afford it). My frustration turns to anger, and the children dont deserve this even if its a dirty look at exchanges.

I think we should just communicate via email and take a breather from seeing each other for drop offs and pick ups. Hopefully when this is all settled and giving it some time we can both have cooler heads and get to a place where pick ups and drop offs are pleasant once again.

I think my post is turning into a vent . Thanks for you help!
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Old 02-09-2018, 05:14 PM
Berner_Faith Berner_Faith is online now
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Unfortunately you canít force him to parent... even if a judge may agree with you, he cannot be forced to exercise his parenting time. He is silly for not wanting more access but neither you nor a judge can force that on him... what about having a meeting place in a public place? That usually limits the drama because there are people around


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Old 02-09-2018, 06:02 PM
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Quote:
Originally Posted by kate331 View Post
How much weight does the CAS have on a decision a Judge would make in court re Sole Custody? The worker has written a letter stating their "position" in support of one parent over the other.
Letters are useless. If the CAS worker has concerns they are obligated to act under the Family Service Act.

Note: Letters are generally inadmissible as evidence as they are not sworn testimony.

Unless they CAS actually does something under the Child and Family Services Act their opinions on a matter hold little weight. In fact, most won't show up to court without a proper summons or court order to testify as a witness.

More on the subject: http://canliiconnects.org/en/summaries/42331

Another excellent article on how NOT to present evidence in court: http://www.oba.org/en/pdf/sec_news_f..._Not_Niman.pdf
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