Here it goes, my ex wife got my children to search through my house and steal their birth certificates, old passports

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Customer: Second opinion] ok here it goes, my ex wife got my children to search through my house and steal their birth certificates, old passports and sin # cards. my ex has a extensive file with mcfd about her behavior with the children from physical abuse, harassment, neglect and mental abuse, and to top it all off now sheis getting them to steal, just need to know what I can do to get the documents back as well as put in for an interm custody order to have the kids taken out of her care until something can be done for physiologic abuse she is putting them through now
no not yet wanted to ask what I could do and if I could do that, I have picked up all the paperwork I think to do it, I just found all this out friday afternoon
it would have happened between 3 and 5 months ago, only noticed that it was gone because I needed to use it, I called the police and asked if they could do anything about it and they said that my child is too young so they can't, she is 10. I found all this out from my daughter when I asked if she took any documents from my house and she told me everything, even when she was able to look for them, I wrote down our conversation
JA: What steps have you taken? Have you filed any papers in family court?
Customer: no not yet, and just so you know I live in canada
JA: Have you talked to a lawyer about this yet?
Customer: no
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Answered by Legal Ease in 2 mins 2 years ago
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Jessica

Jessica

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Legal Ease, Expert

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Legal Ease, Expert

I am sorry to hear this.

Is there any order or agreement in place right now?

Customer
50/50 shared custody
Customer
I do live in canada just so you know
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Legal Ease, Expert

I am in Toronto.

Is it an order or an agreement?

How old is it?

Customer
the agreement is almost 2 years old
Customer
it is a final order
Customer
just need to know what I can file if anything to do anything about the situation, interm custody? and other paperwork to get the documents back, I do fear for the children's well being when they have to go back cause there mother has big record with mcfd with all kinds of abuse towards the children
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Legal Ease, Expert

You can seek to vary the order based on a material change of circumstance. In fact there are several changes of circumstance. For one thing, as a child gets older the passage of time is considered a material change of circumstance.

As well, you are saying that you believe that the children are not doing well. That is certainly grounds to seek to vary the order.

You will have to prove that what you are alleging is true and that what you were asking for is in the best interest of your children.

It may be that you should consider seeking an order for a custody and access assessment. That way an unbiassed professional will get to know you and the mother and the children and the assessor will be able to make a report that the court can rely.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer
we have had a view of the child report done before and then judge said had little to no bearing on the situation, is that the same thing you are saying that I should get done again?
Customer
aslo I did confront my children about what was taken and wrote down what they said, at first they denied it and when I mentioned that I guess I would have to get the police involved because if they didn't do it then someone came into the house and took, then they told me everything that happened and where the documents ended up
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Legal Ease, Expert

I think you need a full custody and access assessment.

Customer
what section of the family law act does that get filed under? just so I can file it properly on the paperwork (notice of motion or change of order)
Customer
what does a full custody and access assessment entail?
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Legal Ease, Expert

I provided this link hours ago. I just noticed my answer didn't post. I am sorry about that:

https://familylaw.lss.bc.ca/bc-legal-system/court-orders/change-order-or-set-aside-agreement-made-bc/supreme-court/change-0#0

That should help you get started.

Soul custody normally means that the children would live with you full-time and that you would make all decisions about the children.

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