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Parenting Issues This forum is for discussing any of the parenting issues involved in your divorce, including parenting of step-children.

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  #1  
Old 08-02-2020, 01:15 PM
erin5252 erin5252 is offline
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Default Is this a material change?

I fought for 5 years for access to my children. At trial, the judge granted me access and the mom full custody. There were no concerns about the mom at that time. I went to see them for the first time last weekend and they told me that CAS removes them from their mom and placed them with their step dad and step grandmother with a safety plan.

I filed a motion and was approved to proceed with a motion to change. I dont have a lawyer and now step dad wants to be added as a party and his lawyer is threatening to take away access and saying my conduct is vexatious. All that I did was report the child abuse disclosed by my children and file a motion.

Any thoughts?
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  #2  
Old 08-02-2020, 02:28 PM
standing on the sidelines standing on the sidelines is offline
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Quote:
Originally Posted by erin5252 View Post
I fought for 5 years for access to my children. At trial, the judge granted me access and the mom full custody. There were no concerns about the mom at that time. I went to see them for the first time last weekend and they told me that CAS removes them from their mom and placed them with their step dad and step grandmother with a safety plan.

I filed a motion and was approved to proceed with a motion to change. I dont have a lawyer and now step dad wants to be added as a party and his lawyer is threatening to take away access and saying my conduct is vexatious. All that I did was report the child abuse disclosed by my children and file a motion.

Any thoughts?
did the kids tell you they were removed by CAS or did you call CAS?
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Old 01-18-2021, 08:39 PM
erin5252 erin5252 is offline
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Yes it has been verified through CAS disclosure
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Old 01-20-2021, 12:29 PM
iona6656 iona6656 is offline
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You're going to find people reluctant to provide you with advice or insight here because what is a material change is properly a question for a family lawyer- and one that the courts have found is highly case specific. I think there are some general rules if you want to look up case law.

Do you have a lawyer?
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Old 01-20-2021, 10:23 PM
StillPaying StillPaying is offline
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Quote:
Originally Posted by erin5252 View Post
I filed a motion and was approved to proceed with a motion to change.
Without knowing any details, unless your ex is no longer allowed to be with her kids, I would assume this is not a material change. If there were any serious issues, it would have been an urgent motion. The fact that you were told to proceed with MTC, which could take a year+, makes me think that any issue your ex had would be resolved by then. Do you know what happened and how long any restrictions might be in place? Stepdad can be added as party but your access won't be reduced.
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Old 03-15-2021, 08:46 PM
dealingWithEvil dealingWithEvil is offline
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Originally Posted by StillPaying View Post
Without knowing any details, unless your ex is no longer allowed to be with her kids,.......
Step moms access was reduced

I am confused, You and the mom separated.
She got married and then separated again.
The person she separated from is not the biological parent but has custody and more access than you?

It is not an urgent motion the now simply because the children are not in immediate danger, there are rules for an urgent motion available for each region, I would look those local rules up.
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Old 03-23-2021, 10:05 AM
dad2bandm dad2bandm is offline
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Quote:
Originally Posted by erin5252 View Post
...I fought for 5 years for access to my children...


...I went to see them for the first time last weekend and they told me that...


I'm assuming this is just terrible English or wording? Something doesn't add up here.
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