I need infirmation on a temporary child protection order that I believe was past the 12-month. The children were never

Expert's Assistant chat

Customer: I need infirmation on a temporary child protection order that I believe was past the 12-month.
JA: Was a protective order issued? What were the basic terms?
Customer: The children were never apprehended I placed them with my parents while I was looking for a new residence and the Children's Aid Society filed for cord with an address that I no longer lived at and they got a temporary order but I believe it was over after 12 months they refile for another temporary order but the judge did not approve of it and I want to know what are my legal rights at this time
JA: Is there ongoing abuse or harassment? Were the police called?
Customer: There was accusations from a neighbour who I have proof of previous issues between me and the neighbour were they called into the gas company and about my dog and a bunch of other things and then they called Children's Aid stating false accusations other than that the society's issue was that my I did not have a residence for my children but I already placed them with my mother while I found a new housing and now I just purchased a home and I would like my children back there is no abuse or harassment
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I have also had the worker charged with perjury and it's a pending charge

Answered by Legal Ease in 1 day 1 year ago

Legal Ease

10+ years of experience

164778 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

Back

Legal Ease

164778 Satisfied customers

10+ years of experience

Legal Ease

10+ years of experience

164778 Satisfied customers

Lawyer's, Assistant

116 Lawyers are online right now.

Customer

Legal Ease, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

Legal Ease, Expert

Please note that the experts don’t text so there may be a bit of a delay. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.

I am sorry to hear of this difficult situation.

What province are you in please?

Customer

Ontario

Customer

There was a court order in april 25 of 2019 because i lost my home and i placed children on my own desion with my mom. The society got a call from a neighbour makig false allegations qbout drug use. The same neighbour made false complaints to tge fas company my landlord and animal control. I have proof thease were ll vindictive. The society filed for supervision order buf there was no apprehension because i had already placed the kids in a safe place approved by sicuety. My lawyer convinced me to sign a 5 mi tb agreenent because i was consudered honeless. I had beleuved this aas an out of court agreement but then my bf was at court and i had not attended becayse i was not served and there was a temperary order and the vourt and society cinvinced my bf to sign abd a temp order aas made. On our next court date it was continued becsuse my home wasnt ready. I have now purchased a property but it was in need of remos yo be safe. I have completed a majority of what is needed. It is safe for the children. The oreder was contined past 12 mo thes because if covid. The order has expireded anx the society had requested a new order but the judge did not mention anything in yge endorsment. Can i take them back now.

Legal Ease, Expert

What does the endorsement say?

Customer

It says there was a 5 month volenrary temp supervision order on sept 20 2019. Nothing since then in the endorsments says anytjjng on supervision otherthen we are still fighting for a final order. The origibal agreenent lasted lknger tgen expecteddue to covid

Customer

Do uhave an address i can send a copy

Legal Ease, Expert

So do you mean there has not been another endorsement since then and for over one year your kids are still with your parents and the CAS is still involved?

Legal Ease, Expert

Thank you for trusting us to help you here at JustAnswer. I am marking this post as complete. If you would like to ask me more questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

Customer

cas is asking us to sign custody and they were never apprehended

Customer

They have in the past taken my son for 6 monthes saying i had no choice until i stole him back because i had rights to. Then they lied in their affidavit saying i agreed to a kinship. They lied. I brought the evidence to the justice of the peace and sge agreed i gad enough evidence to have the worker charged with purgury

Customer

i went ahead with having her charged

Customer

They are trying to get even with me i beleive.

Legal Ease, Expert

If you just take the children back then they will apprehend them so you need to get an order allowing you to have the children back.

For this reason your best next step would be to retain an experienced a family lawyer experienced child protection proceedings. If you cannot afford one you should check to see if you were eligible for legal aid.

Customer

But there is no reaskb for them. To apprehend. So is it not worth a shot. Worsf case ill be exactly where i am. The conxern was i lost mh home. I have never abused my children nor was there a claim i have. I have years of ckean drug tests from my dr. My mentel healrh is no concern i have no crimmjnal record. So what can they say. I feel i am neglecting them by not taking them back. If there is no coyrt order i have that right.right? Because of the time frame us it not risky to leave them thrre at my moms. I can not afford a lawyer at this time. U am liw income but do not qualify

Legal Ease, Expert

I don't know if it's worth a shot because you may be taking a huge risk here. It may make more sense to ask for their consent but if you want take a chance then that is your decision but no lawyer would recommend that though.

Customer

Can i file a motion requesting temperary access while theres an on going matter or do j file it under the current matter. Because i dont want to wait til feburary.

Legal Ease, Expert

You can try but with Covid it's not likely that you'll be able to get a hearing when you already have one scheduled for February.

Customer

Ok. Well thank you very much for your time. I appreciate your advice

Customer

Can you recommend another way to obtain counsel without legal aid if I am low income

Customer

Or can you recommend a good family lawyer in the Hamilton Ontario area that will take payment to guide me through the process or just to look over my material before I file it

Legal Ease, Expert

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

Here is a link to the site:

https://lsrs.lso.ca/lsrs/welcome

Can also see if you can get some help from the family law information centre at the courthouse.

Customer

are they open at the Family Law Center during covid

Legal Ease, Expert

I believe they are by telephone.

Ask a lawyer and get your legal questions answered.

See all Legal Questions

How it works

Ask for help, 24/7

Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.

Expert will respond in minutes

After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.

Save time & money

No scheduling hassles, missing time from work, or expensive consults.

A JustAnswer membership can save you significant time and money each month.

593 Verified lawyers, 10+ years of experience

DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.