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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
05-31-2015, 01:17 PM
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Ex refused SA centre
I will try to be brief.
Ex sexually abused our DD2 in 2013. CAS confirmed the abuse happened and judge in family court told ex he could only see her at supervised access centre. This was in June 2013. Ex never applied for the centre until February 2014. The criminal court happened and they weren't able to stick the charges. He has been bugging me to have DD every weekend and I have been telling him he can only use the centre. We finally had our intake interview in November and by then he made up his mind he didn't want to use it so our file was closed. He still has not seen her and has been threatening me with legal action ever since. However, my lawyer has yet to receive anything from his lawyer. What is the likely outcome of this mess? 
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#2
05-31-2015, 05:12 PM
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Threats are meaningless. There is an order in place. He must obey they order.
Why did the criminal charges fail?
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#3
05-31-2015, 05:26 PM
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It is very complicated as to why the charges were dropped. Basically it was technicalities.
I saw things and she told me things, but she was too young to be interviewed. I don't want to go into specific details to protect my identity. But the police and CAS are on my side
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#4
05-31-2015, 05:39 PM
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Also wanted to add that in his threatening emails he is accusing me of parental alienation.
This is crazy, right? How am I alienating her if he refused the intake process at the supervised access centre?
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#5
05-31-2015, 05:54 PM
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How did investigation prove it and the criminal court didn't? We don't need details but thats something more serious than beating someone or many other nasty things. I would be suspicious of CAS report.
On the other In case it was true. talk to specialists how to and what to tell the kid why her father cannot be in her life anymore because if it was true it is a monster to avoid. If his threats continue seek no contact order. Last edited by The Iceberg; 05-31-2015 at 05:56 PM. Reason: spell
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#6
05-31-2015, 06:27 PM
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Again, I can't answer your question without giving out too much personal information. I don't want to go into exact detail about what I saw and what she said.
Can a CAS case be overturned or challenged? How would that work? And yes I see a therapist who gives me age appropriate answers for my daughter.
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#7
05-31-2015, 09:19 PM
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CAS investigation is their opinion and it is upto the judge weather to use it or not. When CAS find something bad like what you are claiming, they go to court and present their evidence and seek appropriate action to be ordered as it seems to be the case in your situation.
Nobody is asking you for details but having criminal charges dropped gives your ex weapon to use in family law court and challenge the cas report. We can't say much more. In criminal court you have to be guilty without any room left for the defendant to be innocent. Proof works there, that's why they call it innocent until proven guilty. Some things are hard to prove so thats why many criminals go free. In family law it works as probability. In your case the judge heard you, the cas report sided with you so the judge said it is probably true. But unlike criminal, family law issues can be endless and if your ex has the means, he can file motions.
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#8
05-31-2015, 11:53 PM
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CAS is the most qualified, relied upon agency in our community. If they verified sexual abuse then your actions are justified regarding the supervision.
He went to the interview for the SAC but backed out at the last second. And I will tell you right now don't blame him. Do you have a mutual person in your life that could facilitate the visit? Get out of that artificial environment perhaps? Which is probably why he backed out. If he was totally against it he wouldn't have even attended the interview. Last edited by LovingFather32; 05-31-2015 at 11:55 PM.
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#9
06-01-2015, 01:03 AM
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CAS can be very bias and many complained about them on this forum.
Why is the father allowed to see the child he sexually assaulted and could have destroy her life, at all?
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#10
06-01-2015, 08:48 AM
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I do understand how some people can find them biased. All I can say is they helped my daughter and I feel safe and I am very grateful for everything they have done.
Because it is a serious case two different judges (ex kept trying to get a different answer) made it clear that a centre is his only option due to the need of an unbiased neutral third party. From my understanding the courts feel that a child needs a relationship with their father even if there has been abuse. This is why they use centres, so that they can provide as safe an experience as possible for the child. I get that ex isn't happy about it, but it was made clear that this his only way to have a relationship with his daughter. It's sad because he could have developed a relationship by now, yet everything is my fault?
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