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  • SOS: Interprovincial Custody

    Hello, everyone.

    I'm having a real problem, and I hope this is the right place to be posting this. Basically I need some useful advice on how to proceed with a custody battle.

    The short version: My daughter is 2 1/2 years old, and lives with her mother. Her and I have not been together for a year now. In Feb 05, Ontario Works instigated proceedings against me to begin support payments, which I have been adhering to, and also I was made to sign over custody of my daughter to her at that time.

    In Sept 05, shortly after she allowed her new boyfriend to move in with her, they decided to move out to BC. I was not able to stop them from doing so, becuase I was unaware of my options legally, and also not financially well off enough to hire a lawyer to help.

    At the end of October, she got in touch with me over the internet to tell me that her and her new man got into a physical altercation during an argument, and the police were called. They came and took my daughter to a foster home citing the violence and other issues as being unsafe for her. My ex told me she 'couldn't handle' being a parent right now and could I try and get custody of Drew. Since then she had changed her mind, but also the BC court issued a 45-day order for Drew to remain in foster care until such time as mama demonstrates improvement in areas deemed by the judge.

    My feeling is that a) she should not have been able to move out there in the first place as a child needs both parents, and b) I don't believe that the situation is going to improve... it is a pattern of her behaviour that I have seen before and is the reason we split in the first place. I need to have my daughter back because I know I can take care of her better than she can.

    The problem is that it's an interprovincial matter, and I cannot get any solid answers from anyone as to how to proceed. I have spoken to the various legal professionals that offer free consultations, but none of them know off the top of their head, and don't seem willing to research it because they are not getting paid. I cannot at this time afford to pay a bonafide lawyer, and I was turned down for legal aid (I'm what certain people call the 'working poor') so basically I am going to have to do all this myself.

    All I need to know is what form do I have to file to begin this procedure and in which province do I file it? I have tried to research as much of the BC and ON acts as I can, but I work 9-5 and I don't have loads of time or brain power to become a paralegal. Hoping someone out there has the magic answer for me, because I miss my kid and worry about her so much sometimes it's difficult to breathe.

  • #2
    Just an opinion,

    Generally the proceedings are always located where the child resides. I think you have to file in BC. You could attempt to file in Ontario, however I suspect that the Ont courts would rule it a a BC matter. They may make an exception in consideration of the distance involved and the difficulty in starting another case in another jurisdiction.

    I am not to clear in what you mentioned. Social services welfare people are in no legal position to determine custody. They have no right to force you to sign anything including custody of a child away.

    In light of the circumstances, I think you have a material change on your hands with children's aid society involved. A natural parent is far superior than a foster home. You should contact that specific society and voice your concerns.

    I suspect the case is already been to BC court and there is an ongoing file. You may want to be added as a respondent to the file.

    Just an opinion also, when she moved out to BC with her boyfriend and took your child, you had grounds to take the matter to an ontario court. This would be considered a material change.

    Comment


    • #3
      Originally posted by logicalvelocity
      I am not to clear in what you mentioned. Social services welfare people are in no legal position to determine custody. They have no right to force you to sign anything including custody of a child away.
      Ontario Works had its own lawyer to file paperwork on their behalf. Because we had been apart for several months, I believe the take on it was that she had de facto custody (since at that time I was not in a position to financially care for her) and that it was simply a matter of putting it down on paper. It was mainly an order for maintenance, but also I had duty counsel who advised me that it would be wise to include a formal custody clause on the order for certain reasons. I had no expectations that she would leave the province at the time I signed it.

      Originally posted by logicalvelocity
      In light of the circumstances, I think you have a material change on your hands with children's aid society involved. A natural parent is far superior than a foster home. You should contact that specific society and voice your concerns.
      I have spoken with both childrens aid societies, both in Ontario and BC, and was informed by both that they were not going to help me. The BC worker who is in charge of the case file informed me that their only onus is to get Drew back to her mother. The Ontario worker informed me that they cannot interfere in with an extra-provincial agency, even tho my ex has been involved with Ontario CAS before, because the case file was closed the moment she moved out of province.

      Originally posted by logicalvelocity
      I suspect the case is already been to BC court and there is an ongoing file. You may want to be added as a respondent to the file.
      I wholeheartedly agree. Any idea where I can find the appropriate forms to set this on motion? The form I was presented with was called a Presentation Order, applied for by the BC Childrens Aid people. My name is on the file as Drew's father but I was also not consulted or included in the proceedings. Indeed, they did not have my address on the file, although I have given them my contact info since that was written out.

      Originally posted by logicalvelocity
      Just an opinion also, when she moved out to BC with her boyfriend and took your child, you had grounds to take the matter to an ontario court. This would be considered a material change.
      Once again I agree. But I was having the same problem then that I am now. I did try to find a way to stop them from taking my daughter, but I was not able to secure representation or even useful legal advice on the matter due to financial resources and time constraints. Something that I will regret for some time, as I think that route would have been a lot easier than trying to do this after the fact.

      To clarify my desires: what I want is a methodology to either a) somehow force them to come back to Ontario (of course the charter of human rights and freedoms will come into play here, so I think this is probably useless as a strategy), or b) to have my daughter transfered to my care during the time of the 45-day order, rather than in foster care while at the same time beginning custody hearings. If I can get her to me, then I can file here, since Ontario would be her new place of residence. Does this make sense? Can this be done?

      Comment


      • #4
        I think it may be worthwhile to file in Ontario. You can get the forms online here.

        http://www.ontariocourts.on.ca/famil...orms/index.htm

        They will either tell you that your case has merits here OR you have to take the matter to BC court.

        BC Court procedures can be found here

        http://www.qp.gov.bc.ca/dispute/famrules.htm

        and the BC forms can be found at end of page on same link

        Comment


        • #5
          I also think you have good grounds here in Ontario as it is apparent that there is an ongoing material change ie: childrens aid involved and your daughter is living in a foster home. The original custody order was made in Ontario and its only been a few months since she left. Your daughter may be deemed a resident of ONT still.

          You got nothing to lose by applying here first.

          Comment


          • #6
            Filing in Ontario was my original thinking as well.

            The Ontario forms page became one of my bookmarks last week. Just uncertain as to which form is the most appropriate one to fill out. Will I be applying to change an existing order or applying for a new order? Are you able to point to a specific form on that page and say that's the one to use? If so that would be great.

            You've been a great source of advice so far, probably moreso than anyone else I've talked to about this. Thanks a lot.

            Comment


            • #7
              You most likely got an existing court file and number

              I think you would have to do a motion without notice. Its most likely your x will not appear and not necessary for a case conference. You could ask the registar which is the best way to go. To me...I think you have an emergency situation on your hands and a material change.

              A motion with notice or motion without. The registar will tell you if you can file the motion also and whether its a bc matter. Most likely the registar will allow the matter and book a date. The Judge hearing the matter will decide whether its an appropiate Ont court matter. I think you might get the courts blessing because of the short time frame since your daughter has been gone.

              Motion form 14 and affidavit form 14A, 14B, 14C, and 14 D. I think this is all you need. Depending whether its with notice or no notice of motion. You will also need form 8E summary of court cases.

              A lot of the courts have family law clinics that can assist you to complete the forms.

              Comment


              • #8
                Excellent. This is exactly what I needed. I'll go to the FLIC tomorrow and get them to help me fill these in, and then file them. Thanks again.

                Comment

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