I am wondering some family legal information. Canada and in ontario. Its in regrads to my new born child that was born

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Customer: Hello i am wondering some family legal information
JA: What state is this in? It matters because laws vary by location.
Customer: Canada and in ontario
JA: What steps have been taken so far?
Customer: Its in regrads to my new born child that was born in october 2019 the father was present when i was served my paper work after the aphrenchand they said that i didnt know who the father was but they were basing that off of early pregnancy now a court order dna test came back saying that the father i thought it was isnt the father but the father they say the baby is was never told by cas that he was the father . nor have i seen physical paper work stating who was the father nor was anyone else basically i am wondering if they did an illegal appreanchan
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No
Answered by ulysses101 in 20 hours 2 years ago
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ulysses101
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ulysses101, Expert

Hello, thank you for the question.

When was this apprehension? Is this still an ongoing child protection case in court?

Customer
rn and october 14
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ulysses101, Expert

Is the child in foster care, or with family, or back with you?

Customer
Family
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ulysses101, Expert

So what were the CAS' concerns such that they apprehended at birth?

Customer
That i wasnt responding to feeding cues fast that i couldnt tell the differnce between a hungry cry and cuddle cry.. And with my man they hadnnothing on him but now cas is trying to claim that they spoke to me and appreant father when dating of dna test is impossible to have talked then
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ulysses101, Expert

So is the biological father now known to the CAS?

Customer
They have been since birth but he was never served and they put father unknown
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ulysses101, Expert

And has the CAS done so now?

Customer
Servwd him no
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ulysses101, Expert

Has the court been told that the child's biological father is known but the CAS hasn't seen fit to include him in the proceedings?

Customer
No
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ulysses101, Expert

Did you do an form 33B.1 Answer and Plan of Care in response to their Protection Application?

Do you have a lawyer?

Customer
No not yet and yes i do but its only through legal aid
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ulysses101, Expert

Nothing wrong with Legal Aid lawyers. Nobody could afford a lawyer out of pocket for these matters because they take so long.

Meet with your lawyer and identify clearly in your 33B.1 who the biological father is, and make sure that the court is aware on your first court date. Your lawyer might well want to send the CAS a letter about that issue before court. I know that I would.

The apprehension itself isn't made illegal because they didn't have party identified correctly. If they can't show how their concerns were verified, the child should be returned. And even if there's a temporary "in care" order order, your lawyer can ask for a Temporary Care and Custody hearing for a judge to examine the evidence in some detail to determine if it's safe enough for the child to be returned.

You're just getting started on this court matter, these things take time. Especially when the courts are essentially shut down due to CoVid.

Does that make sense? What else is there to discuss about this topic?

Customer
But he was claiming the baby when pregnant and was the one that was put down as father in hospotal
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ulysses101, Expert

I agree that the CiAS should have identified him, but it doesn't change the facts about why they believed that the child had to come into care.

I'm not defending them. I'm saying that an apprehension isn't made illegal because of these technicalities. Father should get a lawyer too and insist on a hearing that he was denied in the first place, if he has a decent plan of care himself.

Customer
Okay
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ulysses101, Expert

Anything else about this topic to discuss at the moment?

Customer
No but i have one more question
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ulysses101, Expert

Can I have a service rating please? Ratings are how I get credit from the site for helping its customers. I'd appreciate it.

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ulysses101, Expert

We can continue with our discussion too.

Customer
Hi
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ulysses101, Expert

Ratings are done by clicking on the row of stars, which you'll see at the top of your webpage, or if you're on a device go back to your app. There, you'd see either a row of stars or a green button that says "rate" or "accept" depending on how you got to the site.

And tell me about your other question please?

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