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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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  #21  
Old 10-19-2012, 09:07 AM
danzuchy danzuchy is offline
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Originally Posted by Tayken View Post
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.
Oh they are on CAS back and have hundreds of files open. They are close to taking the MUSH sector and CAS is their number one target. However, much more than Andre on their back they are getting slashed and burned in the budget dept. like crazy. I know because my sister works for CAS in Downtown Toronto. They only take the most serious cases and have been weakened by litigation.

PS. Legal aid doesn't provide money for civil lawsuits anymore????? I thought it's only criminal and some family.
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  #22  
Old 10-19-2012, 09:10 AM
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hadenough hadenough is offline
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Q: What is/Who are "the MUSH Sector?"
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  #23  
Old 10-19-2012, 09:11 AM
danzuchy danzuchy is offline
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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.
Yeah well I got a question of Canlii: I have about 4-5 important decisions in Family court and not a one has appeared on Canlii. How do I get my decisions on there? None of them are there. The judges have done fantastic work on my case and one is most likely precedent in re: to OCL and police and CAS involvement. I think it will help a lot of people but not one case of mine is on there. I was threatened by the Deputy Chief of Police that if I publish one particular decision that was very nasty against the cops I would be charged with "defamatory libel". I told him to shove it and have the balls to go after the Judge not me. I would love for my cases to be public.
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  #24  
Old 10-19-2012, 09:13 AM
danzuchy danzuchy is offline
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Q: What is/Who are "the MUSH Sector?"

Municipal stuff- CAS, Legal Aid, Mayors, Councillors, Local cops etc.

BTW- if you have a complaint against MUSH always file with Ombudsman. Even if they can't investigate they use the complaints in stats when they make their case for over sight
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  #25  
Old 10-19-2012, 12:53 PM
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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.
I agree with WO's wise and factual observation.
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  #26  
Old 10-19-2012, 12:55 PM
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PS. Legal aid doesn't provide money for civil lawsuits anymore????? I thought it's only criminal and some family.
Family Law is "Civil Litigation".
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  #27  
Old 10-19-2012, 12:56 PM
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Yeah well I got a question of Canlii: I have about 4-5 important decisions in Family court and not a one has appeared on Canlii. How do I get my decisions on there? None of them are there. The judges have done fantastic work on my case and one is most likely precedent in re: to OCL and police and CAS involvement. I think it will help a lot of people but not one case of mine is on there. I was threatened by the Deputy Chief of Police that if I publish one particular decision that was very nasty against the cops I would be charged with "defamatory libel". I told him to shove it and have the balls to go after the Judge not me. I would love for my cases to be public.
You can request it be posted. Just contact CanLII and provide the court file number and the particulars of the orders (not ENDORSEMENTS) issued by the court.
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  #28  
Old 10-19-2012, 01:50 PM
HammerDad HammerDad is offline
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My ex is CAS (lucky me!!!), and I can tell you this, one worker may say lots of things, that doesn't mean their supervisors and managers would agree.

There job is to protect the kids. If they have an issue they feel is important enough to act upon, they act. These people are not the type to sit around. In general, they like the authority they are provided with and take their job seriously, so they take every opportunity they can to use their authority.

If the CAS really did have an issue, they'd have opened a file and started an investigation. They would've scheduled meetings with your ex and made applications to the courts regarding the ex's parenting time.

If there is a real concern and they haven't contacted the ex, then they aren't doing their job. IMO, want you likely have is a worker who is giving suggestions outside their role, and basing their suggestion off of information you told them. A file isn't likely to be opened, because it is likely it wouldn't meet the smell test, be severely scrutinized. This could look bad on the worker.

Unless the child would be harmed by exercising their parenting time, the child should go. And unless you are going to file a motion to change the parenting schedule in accordance with the CAS suggestions (if they are willing to put it in writing), the child should go. If you don't file first, you leave yourself open for contempt.
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  #29  
Old 11-06-2012, 02:23 PM
scarycheri scarycheri is offline
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Original Poster here......

It's so nice of so many of you to basically call me a liar.

All I know is that my daughter (13) went to her therapist and complained about lack of food in the house when she visits her Dad, erractic driving & scary mood swings.

The therapist then called me at home to tell me that she consulted with her contact at CAS and she passed on the information she was given.

I wasn't comfortable with second hand information so I called CAS myself to find out if there is a case. I was told that since I have custody, as long as I protect my daughter, by either not sending her to her Dad's or by filing an emergency order, there is no need to open a case.

This is the same advice I got from CAS, in a different region, back in 2005 when my ex-husband tried to kill me and I called the cops. The cops informed CAS of the incident and they interviewed my daugther to see if she had been subjected or witnessed any abuse. After interviewing her it was determined that there wasn't a case of neglect or abuse and I was told once again that since I had custody, as long as I was protecting my daugther that they didn't need to be involved.

It's very disheartening to come to this forum for support and advice and to be called a liar. I have no need to lie. I am actually known to be honest, to a fault.

I have always been very supportive of my daughter's relationship with her father. This was also determined by the OCL back in 2009 when my ex tried to take my custody. I have always been flexible with his access requests. I have always followed the court order for his access, even as my daughter stood on his door step crying and begging not to go.

I have always found this forum to be full of great advice, insight and knowledge. I thought this was a place to share information and our stories. I guess not.

If I want to be doubted and yelled at I would have just stayed with my abusive ex
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  #30  
Old 11-06-2012, 03:33 PM
HammerDad HammerDad is offline
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as long as I protect my daughter, by either not sending her to her Dad's or by filing an emergency order, there is no need to open a case.
If there is a court order, until it is changed by a further order, you must abide by it.

So the advice they gave is bad. Should you have a reasonable belief that your child is in danger, you should file an emergency motion to temporarily restrict the ex's parenting time to either supervised or that it be withheld temporarily until the court renders its decision.

You cannot unilaterally alter the parenting schedule. I don't care what the CAS told you....they aren't lawyers and thus should not be giving that sort of advice. And trust me, I have a long on-going relationship with the CAS (due to my ex being a CAS worker) and I can tell you, they don't know the law outside of their own jurisdiction and shouldn't be giving this sort of advice any more than I should be instructing people on how to fly a plane......they just aren't trained in this.

Should your ex have half a brain, and you unilaterally decide to withhold his parenting time, he can file a motion for contempt against you.

You need to either:

a) have the CAS open a file and state they will not allow the child to be with your ex for his parenting time; or

b) file a motion as stated above temporarily altering the parenting arrangement.

But to take the CAS' word that you can do something, when many others are telling you otherwise, is being willfully blind and only listening to what you want to hear.

I've had my ex come home and tell me stories of families she's dealt with and she openly would say that some of the things she did were outside her realm of authority......and to be honest, my ex is likely one of the more knowledgible and better case workers I met while with her for nearly 3-4 years....
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