Cas

[Mica88]

So now cas is involved in my matter due to police being involved in an arguement between my ex and I. He is saying I am denying him access which I have repeatedly told him when I will be in town for him to see our daughter. He is living at his girlfriend's house and this is where my daughter went while in his care.

He lied to CAS saying he lives with his mother and that this is where Mikayla spends her time. (From what I can see, this way CAS doesnt need to talk to his girlfriend). His girlfriend had been involved with CAS concerning her daughter.

CAS told me that it doesnt matter if my ex is high on pot while my daughter is there as long as his girlfriend can assume responsibility of my daughter.

Just needing some insight here.

 

[hadenough]

For starters, you should edit your daughter's name out of your thread. There are several posts on this forum re: CAS _ if you haven't already read them, you should do so.

It must have been some argument for CAS to get involved. Were there charges? Perhaps a little more detail, including age of child (and again, edit out her name). You won't be able to go back and edit your comments if you let too much time pass.

 

[Mica88]

no charges were made, child is 2 1/2

 

[Mica88]

and child was not a witness

 

[Nadia]

It is not a good idea to reveal the name of your child. This post could be used against you in litigation should you and the child be identified.

How do you know where your ex spends his time with the child? You do not know WHY CAS was involved with his girlfriend and her daughter. Do you have any knowledge of why the file was opened or whether it has been closed? If it is closed, then the CAS ascertained they have no further role to play. In which case what valid concerns do you have with child being taken to the GF's residence?

What charges were not laid? BY whom? The police against you? The police against your ex? The CAS against your ex?

If the CAS has decided not to investigate further in your case, then what do you hope to gain by posting on this website and using the child's real name? As general rule, the CAS will not get involved in access/custody disputes. They have a very specific mandate which is to protect children experiencing harm or at risk of harm.

But they are obligated to "open" a file when they are contacted by the police. Police are legally obligated to contact the CAS if they attend a situation where a child is present. Officers do not have a choice about whether or not the CAS is contacted.

If there are access issues, I would recommend you try and use a third party to facilitate this and avoid any direct contact with your ex. Perhaps drop off the child at his mother's residence and then he can do the same at the end of the access visit.

If you feel you have a legitimate complaint against the way in which the CAS handled matters then you can write to the supervisor of the worker who managed your file and copy the Director into your letter. They take these complaints very seriously and have to get back to you in writing within 7 days.

 

[Mica88]

I know where he spends time with the child because he told me and I used to be close with his mother which Mikayla rarely went to her house and never slept there. No, I do not know why CAS was involved with her, I didnt say I had concerns with my child going there as she always went there the times he did decide to take her, whats confusing me right now is the reason he would lie to CAS about him not living with his girlfriend and wondering if maybe he's hiding something.

There was no charges layed on anyone. An arguement happened where his girlfriend came at me with fists clenched, thinking she was gonna hit me I pushed her back. No charges were layed. and my daughter was NOT present.

I didnt put my daughters name on here on purpose to gain ANYTHING. CAS is keeping our file opened in order to coach my ex and I to find common ground. I have already consulted a lawyer prior to CAS telling me this.

I am currently consulting a lawyer in the hopes to try n get things done properly with my ex regarding custody.

 

[Nadia]

If you have no concerns about your child being in GF's residence, then why mention the fact that CAS was involved with her and her daughter?

If CAS is involved for reasons other then being contacted by the Police, then there is most likely more to the story. CAS usually have limited period of time in order to ascertain if there are grounds for concern that fit in with their mandate. Thereafter the file will be closed. But I had no idea CAS was in the business of "coaching" parents to find a common ground.

 

[Tayken]

So now cas is involved in my matter due to police being involved in an arguement between my ex and I. He is saying I am denying him access which I have repeatedly told him when I will be in town for him to see our daughter.

Is access defined by agreement or a court order for the child in question? Be very careful with how the court can (and will) evaluate what "liberal access" statements mean. You are the gatekeeper in that situation and liberal means just that before the court often, when the other parent requests access. Your obligation and the expectation of the court to provide access of your child to the other parent is paramount consideration. If you are doing anything improper, restricting access, making excuses, this can and will be used against you possibly in a material change of circumstance Application by the other parent.

He is living at his girlfriend's house and this is where my daughter went while in his care.

Excellent that the child has another caregiver present while with the other parent. The more people who love and care for your child can only improve their life. Children deserve to be loved and cared for by as many people as possible. Hopefully one day this "girlfriend" will stabilize and become a family member.

Such a wonderful opportunity for your child to be exposed to additional loving and caring extended family members. Also, you have less concerns about the child as there is possibly another adult there to help.

It is also great that the "girlfriend" has a home which your child can go to, be cared for in and loved.

He lied to CAS saying he lives with his mother and that this is where ******* spends her time. (From what I can see, this way CAS doesnt need to talk to his girlfriend). His girlfriend had been involved with CAS concerning her daughter.

Irrelivant to the investigation. Unless you are claiming that the "girlfriend" poses a risk of emotional and/or physical harm to your child. If that is the case, CAS will investigate and can leverage the Family Services Act to do so. If they don't then the matter raised didn't even meet the MINIMUM threshold for them to investigate to that level and the claims are unsubstantiated.

CAS told me that it doesnt matter if my ex is high on pot while my daughter is there as long as his girlfriend can assume responsibility of my daughter.

Again, it is great that another caregiver is there to love and care for the child in question. If CAS suspects a drug problem in any parent they can act under the Family Services Act to protect the child. Again, they need cogent and relevant evidence, not just an "allegation".

Remember just because you "allege" something happened doesn't make it "the truth" to the court, CAS or this message board. Many litigants and CAS complaintants do not uderstand how the "balance of probabilities" and *evidence* is evaluated. Just because you swear up-and-down that it is *the truth* doesn't make it *the truth*. You are affirming that you believe it to be *truthful* but, that doesn't make you *truthful*.

There is a vast difference between a "belief", "fact" and "the truth".