I need to apply for emergency custody order

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Customer: I need to apply for emergency custody order
Answered by ulysses101 in 19 mins 1 year ago
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ulysses101
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ulysses101
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ulysses101, Expert

Hello, thank you for the question.

Can you tell me more about what's going on? Don't use details that can identify anybody, please.

Customer
Thanks
Me and my spouse were in as in healthy relationship, so I left the house, though I was very attached to my twin daughters they are 6 , I found another place and I asked her kids will be with me half day as it always was when we we’re together but she has the kids doesn’t let me have them ,see them and it’s 6 months i am away from my daughters it’s really hard for me I don’t know how are kids
We had mediators it just wasted my time
I need to apply for emergency custody order, actually I even don’t know where are my kids now, I’m depressed
Customer
Unhealthy
Customer
Relationship
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ulysses101, Expert

I see, that's difficult and I'm sorry you're going through this.

What province are you in?

Customer
I’m Ontario, Pickering
Customer
In Ontario
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ulysses101, Expert

OK, so before I suggest that you simply take this to court, have you talked to your ex about why there's no co-operation on the time sharing? What happened at the mediation? What is your spouse's issue with you having the children?

Is there no communication at all? And you don't know where they are living at this point?

Customer
Unfortunately my ex is not agreeing on anything, there’s no valid reason why she does not allow me, I wasted my 6 month to know why? But it’s always invalid reasons so I come to conclusion to apply for emergency custody order, as I called the cops on 24 th December I told him my concern they also recommended if I apply for emergency custody order . Still I asked the cops to find my kids they found them and called me they are ok
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ulysses101, Expert

The cops won't tell you where the family is, and they won't help you in family court.

You need to see a family lawyer who will help you bring an Application for custody, access, police enforcement, whatever it takes to get you back into your children's lives. There will be an ongoing child support component too, if the children aren't with you primarily.

Contact Legal Aid to see what services are available to help you get started. Given Ontario's lockdown, it'll likely all be by telephone.

The police aren't family lawyers, and don't know what they are talking about when it comes to family law. I can't see any judge granting emergency custody on these facts, so you'll need to prepare materials which paint you as an earnest individual who wants a relationship with his kids, and then steel yourself for what she's going to say about you in her responding documents.

What else is there to discuss about this situation you're in?

Customer
Thanks, ***** ***** no knowledge
I paid child support as mediators told me but I didn’t pay for December
because I wanted it to be clear when I ll have kids, still do you recommend I pay child support?
Do you think legal aid will help me as I made almost $60000 last year?
Please recommend me some valid material who wants relationship with kids and be in their life as I’m concerned if it’s not guaranteed that judge will grant emergency custody order, though I still have connections with thier school teachers, my kids and me had a very good relationship before I got good pictures, but I know now my x has full authority she might have brain washed my daughters that I don’t care for them
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ulysses101, Expert

I always recommend that you do. If you're going to be in court soon, you want to be squeaky clean in order to make her look like the bad guy in all of this.

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ulysses101, Expert

And you can't change what has happened, or what's going to happen before you get in front of a judge.

Just keep trying to see them, stay in touch with the mother if she'll reply, stay in touch with their schools and anyone else they deal with. If you have an agreement in writing that you're entitled to information about then, then you should be able to get their address from the school board.

But if the mother is actively fighting you on this then all you can do is get it into court as soon as you can. I doubt you'd get emergency custody, but you should get interim access with a police assistance clause. When your kids see you they'll remember that you're Dad, unless you let too much time go by. Time is of the essence, as they say.

Customer
Thanks
And everyday I email my x about how are my kids and where are they but I get no reply
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ulysses101, Expert

You're welcome. Have some faith and have a plan, don't fall into despair because doing nothing is the worst thing you can do. When time passes with your doing nothing, it looks like you're ok with it.

Good luck and stay safe.

Ulysses

Customer
Please tell me how to get in court ASAP? By retaining family lawyer?
My x recommended supervised visit into her mom’s house but I’m scared to cause conflict , I don’t want it to more complicated I’m very clean
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ulysses101, Expert

If you can do a supervised visit then do that. Whatever it takes. Perhaps she'd agree to do it out in the community, or with someone you can both agree to.

If she has valid concerns about your mental health or substance use, then do whatever it takes to assure her that you're dealing with your issues. Only if she's being unreasonable will the court side with you; if there are such legitimate child safety issues then you must work on them too. But you should be able to see your children at the same time, as long as it's safe for them.

Customer
Thanks a lot
I must say you give me good information
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ulysses101, Expert

I'm glad to help, and whatever gets this phase behind you is good for the children too.

I'm here if you have more to discuss on this topic, at any time.

Ulysses

Customer
Thanks
About supervised meeting I refused because I believe she might have accuses some wrong allegations that I don’t accept,
I believe my x is doing to protect herself as she was very abusive to me
My x used to abuse me in front of kids she cut my face when kids were there, my kids were very sad on her mom when she did to me I still told kids it’s ok but I decided to live separately then and I moved out
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ulysses101, Expert

I understand. If she'll only agree to supervised access in her home, say that you want to bring someone of your own too just to make sure that everything is on the up and up.

Customer
Now there is no contact, I need someone or do you recommend if I lawyer will be good option
About retaining lawyer I’m concerned if it works? As it’s very expensive I want to avoid as much as I can but I’m feel helpless now I have to get some one
And I have no knowledge of filling form and stuff
I went to court on August everywhere was closed because of pandemic , just to get information
They told me if I make a user name and fill out the application and how I serve the letter to my x , but as I have no experience I did nothing
Basically I waited that for lawyer
Do you think can I do it if I do it is it the same as lawyer does it to me?
Or if I ask you can help me fill out as I don’t want to waste more time i really need quick respond
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ulysses101, Expert

Start by checking out Legal Aid Ontario's website, see what services are offered in your area. Maybe they are doing their Family Law Information Center by appointment by Zoom or something, or at least you can call and get some procedural information from local Duty Counsel as to how things are to be served and filed in your area.

You'll need a Form 8 Application, a form 35.1 Affidavit in Support of a Claim for Custody/Access. And for an interim order you'll need a Notice of Motion and an Affidavit General with your information you'll swear to be true. You can get those forms at the Ministry's website here: http://ontariocourtforms.on.ca/en/family-law-rules-forms/

You'll also need a Financial Statement form 13 sooner or later, so look at that and start filling it out too. Sign up for an online CRA account if you don't have have one, so you can get all your tax and income documents yourself online any time.

I hope that's a good start. I'll be here if you want to check in as you move along the process. However, if you want to use us a lot here, you should have a subscription and start new threads for new topics, and to get a variety of input from the different lawyers here. Or if you want my specific attention you can start with "dear Ulysses" or "for Ulysses only" and it will be left for my attention

Good luck! Keep plugging away at it.

Customer
Thanks it means I still can start with legal aid though I earned $59000 in 2019I ll need help for filling form 8, affidavit form tooI am feeling very comfortable with you I ll defiantly send request to your attention
Customer
Could you please send me the link of form 8 and affidavits form link
Thanks
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ulysses101, Expert

All of the forms you'll need are here, you can download them and fill in the blanks too in the format you prefer.

http://ontariocourtforms.on.ca/en/family-law-rules-forms/

Customer
I called legal aid they opened a file for me , it will take 15 day to get back to me
I talked with a lawyer before I never retained him , do you think I should wait for legal aid call
And if I fill the form it’s exactly as if lawyer does it?
Customer
For the time being how can I contact my kids I’m nervous
Do you think I call Children’s aid
I want to know if my kids are ok , if they miss me
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ulysses101, Expert

Children's Aid won't help unless you allege that they are at risk of harm in mother's care. She'll know you called, and that will be the end of any co-operation from her on anything.

If you fill out the form it's the same as if a lawyer does it. But an experienced lawyer will know exactly how to fill it out to increase the odds of you getting what you want. That's their job.

You can keep calling the mother. Arrange for any access you can. Even facetime over a phone or computer should be ok, she can supervise that, there's no risk of covid, and you can even record it to protect yourself if she says it went badly.

Customer
Oh thanks
She emailed me and said don’t text or call only email me
But I keep emailing her with no reply, please show me a way to contact my kids
She never contacted me that’s why I sent a cops I get no more cooperation from her
I am not good at filling form I gotta ask for lawyerI’m helpless I did nothing but I’m away from my kids
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ulysses101, Expert

The police aren't going to do anything without a court order, which you're trying to get now.

Try looking for her on social media. And if she's not going to reply to emails, go back to calling and texting.

If you have any mutual friends, or know someone in her family who is sympathetic to you, try calling them to see if they'll intervene. Maybe her own mother?

Customer
Thanks a lot
Hopefully I get court order
Customer
Her mom will not help
I wasted my 6 month to ask someone as mediators to do things peacefully
I have a feeling I need law enforcement assistance
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ulysses101, Expert

You can certainly ask for that in your court papers.

Try to look at the documents and filling them in. I promise, 90% of it is checking boxes and filling in blanks.

Customer
Thanks
I go work at 2:30 tomorrow I ll definitely fill them out
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ulysses101, Expert

It will help you to become familiar with the documents, just by reading them over closely, and filling out what you can.

Also, work on "your side of the story" to put into your affidavit. Try to keep it chronological and focussed on the children. The lawyer will edit it for you of course.

Customer
Okay thanks
You mean I fill but not submit? It’s good to wait for lawyers
All lawyer work after January 4th
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ulysses101, Expert

If you fill out the papers as best you can, you'll become more familiar with what the court wants to know and why. It will also save time with your lawyer if you have a first draft of the papers already finished. And it'll go faster if you identify the pieces of information you need to collect now, and work on getting it, rather than wait for the lawyer to tell you want you need to get.

Customer
Exactly thanks
Is your name Ulysses?
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ulysses101, Expert

That's my handle on this site, yes.

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ulysses101, Expert

Thank you for the five star rating, I do appreciate it. That helps my stats with the site.

Ulysses

Customer
Your welcome
I must thank you , your very professional
You have educated me a lot
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ulysses101, Expert

I'm glad to help.

And like any good lawyer, I have to get the last word. If you reply to me then your question stays on my Open list.

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