My Ex ran with my Kid...

[papasmerf]

There is a current case in the courts which was started by teh CAS regarding ADHD medication. We had an interim consent order which was joint custody (day to day with her).

However the CAS is left no choice but to drop the case now that she is in SK. Reverting everything back to the last order in place .... me with full custody again. The CAS is trying to fast track the case being dropped so that the status quo isn't in effect, she faces abduction charges the day the case is dropped.

My main question is do I drive there the day the case is dropped with papers in hand? Or do I file an abduction with the police? Will I have to go out there either way?

ARE YOU STUPID?????????

You file criminal charges

 

[Vegas]

she broke all 3 orders, I'm sure the authorities could arrest her there and have your son brought back to T.O ...no?

http://www.freemychild.com/law_web_home.html?referrer=dataworks
http://www.canlaw.com/rights/fathers.htm

Nope they can't arrest her for anything, she's only in breech of contract because the interim order is only a contract, not a signed court order.

Will be filing the abduction here, driving out there and probably picking up the child from the custody of the CAS. My only concern is that she'll get tipped off somewhere and run again ... she already ran 2600km.

I almost feel safer driving out there and doing the whole thing by surprise and just turn up at the school with the custody order in hand telling them I am taking my child home, then charge her with abduction.

 

[mandrill]

I'm a lawyer and your story is a little confusing:

1. If you had custody and the CAS intervened why did you agree to an interim order giving day-to-day to your wife??

2. Why is the current joint custody "just a contract"? Didn't the CAS make it into a court order? If not, it has no legal force and you still have sole custody.

3. REgardless, your local TO court will make an order she returns the child for a full hearing. You should get your ass down there on Monday and file papers.

 

[Vegas]

I'm a lawyer and your story is a little confusing:

1. If you had custody and the CAS intervened why did you agree to an interim order giving day-to-day to your wife??

2. Why is the current joint custody "just a contract"? Didn't the CAS make it into a court order? If not, it has no legal force and you still have sole custody.

3. REgardless, your local TO court will make an order she returns the child for a full hearing. You should get your ass down there on Monday and file papers.

1. My son and my current wife were having disagreements that were on the edge of being physical between the two of them. I agreed to the change of status because the two were not getting along in my son's emotional state at the time. So I arranged to have him with his mother (as opposed to a foster home) while issues regarding the current wife and him could be resolved. Kinda goes back to the whole reason for the CAS involvement; I removed him from the ritalin because he became violent as part of a rebounding effect, I was taking too long for the CAS's liking in getting everything assesed and a change of medication so they put in an intervention order.

2. Depends what qualifies as a court order. It was an interim arrangement which was signed off on by a judge. But it isn't a formal order to my knowledge. We've adjourned the last 3 dates because she wasn't available.

3. I spoke with the lawyer for the CAS, his intention is to dissolve the case, as it was only kept on this long due to making arrangements with her on a final order. This was at the request of the Children's lawyer, who wanted to make sure that she would be responsible in her actions and ability to care for the child. Because she has left the province along with the child there is no case to continue on. The original case had no involvement from her as she was an "estranged" parent. She's missed the last three dates and her lawyer has withdrawn representation due to non-contact.

I won't know for sure until Monday when I speak to the CAS lawyer about what their position and action will be. If there's no case, there's no hearing to call her back for correct? I was given the impression that the CAS and the Provincial courts were going to do nothing as she left duristiction. Technically she left having joint custody, but when the CAS dissolves the case the last judicial final order prior to the CAS case had me listed as sole custodial parent.