Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Reply
 
Thread Tools
  #1  
Old 10-18-2012, 09:56 AM
scarycheri scarycheri is offline
Senior Member
 
Join Date: Mar 2009
Posts: 129
scarycheri is on a distinguished road
Default CAS advised me to file emergency order to revoke access

My daughter had a session with her therapist which resulted in CAS being called. CAS advised me since I have full custody that they do not need to investigate as along as I keep my child from going to her Dad's. They also suggested that I file an emergency order to revoke access. How do I do this?
Reply With Quote
  #2  
Old 10-18-2012, 10:21 AM
hadenough's Avatar
hadenough hadenough is offline
Senior Member
 
Join Date: Sep 2011
Posts: 2,468
hadenough is on a distinguished road
Default

Okay first off I have no idea how CAS really operates (perhaps NBdad and some others will advise) but one would think that you should obtain some kind of document/directive from CAS directly to attach with your motion materials. As a starting point. And/Or a letter written and signed by the Therapist you mentioned, reflecting the instruction made by CAS.
Reply With Quote
  #3  
Old 10-18-2012, 10:25 AM
scarycheri scarycheri is offline
Senior Member
 
Join Date: Mar 2009
Posts: 129
scarycheri is on a distinguished road
Default

The therapist said she can offer her notes as proof. I am just not sure which forms I fill in and how I go about getting this order. Is it as simple as just filing it with the court? Do I have to see a judge?
Reply With Quote
  #4  
Old 10-18-2012, 10:29 AM
hadenough's Avatar
hadenough hadenough is offline
Senior Member
 
Join Date: Sep 2011
Posts: 2,468
hadenough is on a distinguished road
Default

If it is an urgent/emergency motion as you describe, you would go before a judge. Those matters are dealt with quickly. The court clerks should be able to advise which form(s) to complete. I'd say look on Ontario Court Forms.ca but it would be best if you knew exactly which form needs to be filed.
Reply With Quote
  #5  
Old 10-18-2012, 10:33 AM
limer limer is offline
Senior Member
 
Join Date: Apr 2009
Location: Southern Ontario
Posts: 256
limer is on a distinguished road
Send a message via MSN to limer
Default

If there is a case of child endangerment or abuse then the CAS has a legal obligation to "Protect the Child"; as does the therapist. They are required by law to report to the "Child Protection Services" or the "Police". I would question the CAS and this therapist. Sounds like they are shirking their legal responsibilities unless there is something else surrounding the matter.
Reply With Quote
  #6  
Old 10-18-2012, 10:37 AM
hadenough's Avatar
hadenough hadenough is offline
Senior Member
 
Join Date: Sep 2011
Posts: 2,468
hadenough is on a distinguished road
Default

@limer: very true. I'm slow on the uptake this morning. Can't imagine why CAS and the therapist would not follow standard operating procedure as they are duty bound.
Reply With Quote
  #7  
Old 10-18-2012, 10:41 AM
scarycheri scarycheri is offline
Senior Member
 
Join Date: Mar 2009
Posts: 129
scarycheri is on a distinguished road
Default

Basically what happened was that my daughter complained about her father's erratic driving, lack of food, inappropriate conversations. My ex is bi-polar. The therapist was concerned and told me she would be calling CAS. The CAS worker told her that because I have custody it is my responsibility to keep her safe. As long as I am not exposing her to the environment there is no case. If I continue to obey the order and send her both myself and my ex would be investigated. I have not spoken to CAS myself, it was the therapist that has had all the contact. It was also the CAS worker that suggested I change the order siting the accusations as reasons why to revoke access so that I am not in contempt of the order. I don't foresee my ex going after me in court since he lost the last time. He feels the government and the legal system are out to get father's so he doesn't trust them. Should I bother to change the order or continue to be in contempt and deal with the consequences if he does anything about it.
Reply With Quote
  #8  
Old 10-18-2012, 10:44 AM
Mess Mess is offline
Senior Member
 
Join Date: Aug 2009
Location: Toronto
Posts: 5,448
Mess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the rough
Default

It sounds like since there is no issue with there mother and she has full custody, the CAS isn't challenging the custodial parent and really it is up to her. The therapist did their job, they reported to CAS and are ready to yurn over notes. What I would recommend is asking for clarification from CAS legal department what to do. Don't just phone, make an appointment and bring a list of questions.
Reply With Quote
  #9  
Old 10-18-2012, 11:13 AM
NBDad's Avatar
NBDad NBDad is offline
Senior Member
 
Join Date: Dec 2009
Location: New Brunswick
Posts: 2,734
NBDad is on a distinguished road
Default

If CAS is the ones telling you to not allow her to go to her father's, they need to provide you that direction (in writing) and be willing to testify to that effect in court.

If they are not willing to do that, then legally you must obey your court order. CAS should be opening a file on your ex until such time as you can get your order changed if they have that level of concern.

You ideally need to speak to a lawyer, ex parte motions are expensive and complicated. Honestly your best bet is to raise the issue with your ex and get his agreement to suspend access temporarily until the situation can be resolved.
Reply With Quote
  #10  
Old 10-18-2012, 02:57 PM
SynGreis SynGreis is offline
Senior Member
 
Join Date: Oct 2012
Posts: 442
SynGreis is on a distinguished road
Default

i may be wrong but take it as a grain of salt.

you can file an emergency order by way of notice of motion describe what happened use the footnotes as evidence and MAKE SURE YOU PUT IN "made under family law rule 14".

They hold motions every friday(well mine atleast) you will go before the judge and if evidence is sufficient they can revoke access, change an order, or anything that would address the issue. Since this is of dire consequences you may not be required to serve the father.

the poster is right, if CAS is recommending you to do something then they have to put it in writing.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Police undertaking overrides order for access? formyGirls Divorce & Family Law 8 05-23-2011 04:32 PM
Have I given up my rights as a parent? brokendad Common Law Issues 3 11-05-2009 07:57 PM
Email from my Lawyer - ???? serrona Divorce & Family Law 4 11-24-2006 12:58 PM
aftermath littleman Divorce & Family Law 1 09-27-2006 10:43 PM
Rule 25: ORDER Grace Divorce & Family Law 2 04-24-2006 07:55 PM


All times are GMT -4. The time now is 05:54 PM.