CAS advised me to file emergency order to revoke access

S

scarycheri

New member
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?
 
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.
 
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?
 
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.
 
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.
 
@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.
 
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.
 
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.
 
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.
 
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.
 
So I spoke to CAS. I was told that I'm doing all the right things by protecting my daughter. They aren't opening a case but did make record of my call. They basically said that I should explain my concerns to my ex. If he proceeds to court then cross that bridge when I come to it
 
if its not in writing then send the child for the next scheduled access and let cas go to court and foot the bill.

notify them of when the next scheduled access is and let them deal with it. why should you be playing gate keeper?


what makes me suspicious is if it was serious they would open a file.....
 
I call BS.

In my experience, CAS does not 'advise' anyone to do anything.

They take matters into their own hands, if need be.
 
This is the very reason why Judges are becoming very distrustful of CAS, therapist etc.

It's because this type of nonsense. There are two cases

1) The child is NOT in danger- CAS does nothing
2) Child is IN danger- CAS does everything in it's power to protect child including going to court


Anything in between is just useless white noise. CAS isn't really concerned about the danger thus they are making you do the dirty work. You won't sway a Judge without CAS there putting their neck on the line.
 
wretchedotis said:
I call BS.

In my experience, CAS does not 'advise' anyone to do anything.

They take matters into their own hands, if need be.
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Actually CAS does a lot of weird things and they lie a lot. Their budget is shrinking, the are inundated with legal suits and the Ombudsmen on their back hardcore. They are very careful on what they back and you'll rarely get anything in writing from them these days.
 
SynGreis said:
i agree, the neglect and the incompentance that CAS has is unfathomable.
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I'll tell you how bad it's getting: My ex had a letter from a CAS supervisor and a supervisor from Victim's Service (AKA the police- they do what the police tell them).

The Judge took the two letters, ripped them at the very first 30 seconds of the case and said- "now let's get down to the TRUE facts and get rid of these lies".
It was extreme what he did but both letters contained easy to dispel lies. He even told my ex that if those two org. and the police were serious they would have been in court to answer his questions. Since they didn't come he said it was all BS and "posturing".

Needless to say he then continued to verbally smacik both of us and we were both ordered to pay costs to the court. So go figure........
 
slughead10 said:
if its not in writing then send the child for the next scheduled access and let cas go to court and foot the bill.

notify them of when the next scheduled access is and let them deal with it. why should you be playing gate keeper?


what makes me suspicious is if it was serious they would open a file.....
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What Slughead10 is stating is correct. Unless you have cogent, relevant and TANGIBLE evidence from CAS (as also noted by NBDad) what CAS has told you is a pile of crap.

If CAS did in fact tell you, OP, that you should deny access and not acted under the Family Services Act to protect the child and told you to self remedy please post the name of the Social Worker who provided this instruction so I can formally file a complaint to their governing clinical body.

The clinician has provided instruction to abduct a child in contravention of 282.(1) of the criminal code of Canada, Children's Law Reform Act, the acts governing the CAS and finally the clinician's own governance as defined by their college.

As Slughead10 said: "let cas go to court and foot the bill"

In fact, CAS is compelled to "go to court and foot the bill" if the child is in need of protection. So, calling "BS" on the OP is appropriate in this case.

I highly doubt the OP is being honest. CAS has SPECIFIC governance rules about "emergencies" and "child protection" and none of it reflects the posters description.
 
danzuchy said:
I'll tell you how bad it's getting: My ex had a letter from a CAS supervisor and a supervisor from Victim's Service (AKA the police- they do what the police tell them).

The Judge took the two letters, ripped them at the very first 30 seconds of the case and said- "now let's get down to the TRUE facts and get rid of these lies".
It was extreme what he did but both letters contained easy to dispel lies. He even told my ex that if those two org. and the police were serious they would have been in court to answer his questions. Since they didn't come he said it was all BS and "posturing".

Needless to say he then continued to verbally smacik both of us and we were both ordered to pay costs to the court. So go figure........
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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.
 
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