Mcfd has my child in custody in temporary care can my common law partner claim her sovereignty and maternal authority

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Customer: Mcfd has my child in custody in temporary foster care can my common law partner claim her sovereignty and maternal authority under the indigenous people’s act to have are child returned she is cleared by mcfd ?
JA: What steps has your partner taken? Has she filed any papers in family court?
Customer: No but she has been apart of this throughout the process
JA: Family law varies by state. What state is she in?
Customer: British Columbia
JA: Anything else you want the Lawyer to know before I connect you?
Customer: child was removed without any proof or evidence only allegations
Answered by Counsel Creed in 1 day 2 years ago
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Counsel Creed
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Counsel Creed
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Counsel Creed
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2002 Satisfied customers

Jessica

Jessica

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Counsel Creed, Expert

Hi, thank you for contacting Just Answer. Counsel Creed here. Does the child have native status? Does your partner have status? What type of order are the Children's Services asking for?

Customer
My common law partner is full status and child is not and I am not status they have a temporary custody order in place He’s been gone since nov 2019 because of covid I haven’t seen my son since feb 21st 2020 now he’s in foster care and there making more and more demands now and there hasn’t been a protection hearing because of covid I’ve done all the tasks they ask for counselling drug screens we have a newborn which I completed a 30 day safety plan for the new born and mcfd has signed off the file leavening my 4 year old file to be signed off and child returned to me they are being very difficult and continue to add more tasks every time I reached the end and ask why he’s not returned to his biological father
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Counsel Creed, Expert

I see. If I understood your correctly, It seems tome that - LEGALLY SPEAKING - you are not in a bad position. Why? First because , as you say yourself, you have been fully cooperating with them. Second, because they have asked for a temporary custody NOT a permanent custody order. Third, as you say, they were at one point prepared to return the child to you. Fourth, judges rarely split the kids of the same mother. Sixth, they are NOT asking for the custody of your younger child. Fifth, the father HAS NOT cooperated and therefore CANNOT BE considered a serious option for the older child. I supposes that you are not going to like to hear this but, I have done very mane of child protections cases over my career and I know that you just need to be patient and continue to work with them. What does your lawyer say?

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Counsel Creed, Expert

Hi, again. do you have more questions for me?

Customer
My lawyer says the same for me to do as they ask of me I don’t trust them otherwise I would have long ago
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Counsel Creed, Expert

Unfortunately, that is the name of the game. Now, if you have no further questions, will you kindly rate me at your end, since that is the only way that I will get paid? You can do that by clicking on 3, 4, or 5 stars in the top right-hand corner of your screen. If you are using our mobile app, you can do that in the chat box when it prompts you to "Rate Expert To Finish". Thank you.

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