I have raised my wife's daughter(born sept3/2011) since October/2013, in the past 7+ years I have been the sole provider

Expert's Assistant chat
Customer: I have raised my wife's daughter(born sept3/2011) since October/2013, in the past 7+ years I have been the sole provider for the family.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: My wife left me in June in secret, and my daughter has been refused any contact with me since new years. I have been asking why but am refused any answers. I still see my son once a week
JA: Family law varies by state. What state are you in?
Customer: Yes, papers are filed, but on a long wait Oh I'm from Ontario Canada
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: My wife and I were attempting to resolve our marriage from Jan - Feb 12, at which point my wife's family got involved by kidnapping the children and threatening my wife that if she did not cut off all contact with me again, she would not get the kids back. I called police , and they picked up and brought me my son. My daughter is still being held as leverage against my wife , but my wife is complying with them and has completely refused to speak with me ever since
Answered by KAVITAR39 in 19 mins 1 year ago
imglogo
KAVITAR39
10+ years of experience
logo

54 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.

logoBack
logologo
KAVITAR39
logo
logo
54 Satisfied customers
logo
10+ years of experience
imglogo
KAVITAR39
10+ years of experience
logo

54 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
116 Lawyers are online right now.
img

KAVITAR39, Expert

Hello, my name is ***** ***** to Just Answer. Thank you for reaching out, and I will be working with you on answering your question today.

Please note that I am working from my computer and I will respond to you as quickly as I can but please do not be concerned if you do not get an immediate response. I may not be online at the time, but rest assured I will do everything that I can to answer your question.

Before we start, please be advised that this discussion is for providing general information only, it is not detailed or specific legal advice, and it is only for the purpose of helping you understand the nature of your situation from a legal standpoint and to discuss options. You are not hiring me to be your lawyer nor does our discussion constitute a Solicitor-Client relationship.  Moving forward, you should retain a lawyer in your local area if you wish to take any legal action.

img

KAVITAR39, Expert

Hello, can you please confirm what documents have been filed and the ages of the children involved.

Customer
My wife filed for divorce last July, I have responded with a form 10, a form 35 , form 14b,. 13.1
img

KAVITAR39, Expert

Okay, have you had any case Conferences since then? Have you retained Counsel or are you both self represented litigants?

img

KAVITAR39, Expert

What was your form 14B motion for if you don't mind me asking?

Customer
No case conference has been scheduled yet unfortunately. I have retained council, but am not sure how to continue paying...
img

KAVITAR39, Expert

What exactly do you want answered here today?

img

KAVITAR39, Expert

Okay, since you have already retained Counsel, he/she should be following up on this issue for you.  They should be corresponding with the opposing Counsel and discussing your issues with respect to the breakdown in communication and your inability to have parenting time with your daughter.

Customer
My council just keeps saying I need to wait till the case conference
img

KAVITAR39, Expert

OKay and has one been scheduled yet?

Customer
I am contemplating contacting FCS for advice
Customer
No not scheduled
img

KAVITAR39, Expert

Then request your Counsel to confer with the opposing side and schedule a Case Conference at the earliest.  Unless the parties are communicating with each other and you are giving your lawyer clear instructions, your matter would not be able to move forward.

img

KAVITAR39, Expert

Have you already attended your MIP session?

Customer
What is MIP
img

KAVITAR39, Expert

Mandatory Information Programs (MIPs)

MIPs provide litigants with essential information about the family justice system, the options available to resolve their disputes, and the effects of separation on children and adults. This program empowers litigants – represented or unrepresented – to make informed choices about their future and to discover what resources are available to assist with the philosophy of putting children first and of resolving matters early before further, unnecessary litigation.

MIPs are provided at all court locations across the province where family cases are heard. In most cases, both litigants are required to attend a MIP as a first step in their family court case.  These programs cover such topics as:

the effects of separation and divorce on adults and children

alternatives to litigation

family law issues

the Family Court process

local resources and programs for families facing separation and/or divorce

For further information on MIPs, please see Family Justice Services on the Ministry Attorney General’s website :https://www.ontario.ca/page/family-justice-services

img

KAVITAR39, Expert

When you were served with your wife's pleadings, you would have been given a MIP form with a date and time for your MIP session.   Please have your lawyer follow up on this if you have not attended/received a date. Due to Covid, there may have been a delay/change depending on where in Ontario you are located.

img

KAVITAR39, Expert

what exactly do you want me to answer for you today?

Customer
I was hoping there may be some way for me to figure out any possible way of seeing my daughter without having to wait till conference..
Customer
She is being told awful lies about me, and has even been harsh fully convinced to call me by my first name and to not call me daddy anymore
Customer
She is being held by my wife's sister and mother for the past 4 months , she doesn't even get to go home to her mother's house anymore without supervision from meagans family
img

KAVITAR39, Expert

Based on the information you have provided here, I can only give you general advice okay.

The only way to get to see your daughter, without a Court Order is for your wife to agree to this.  It may be a video call/phone call but your wife has to consent to this.

Customer
But my wife REFUSES to tell me ANYTHING. Including any reasons for taking my daughter away
img

KAVITAR39, Expert

It MAY be that your lawyer has to add your sister in law as a party to your legal proceedings as  your daughter is in her care currently.

img

KAVITAR39, Expert

Please have a meeting with your lawyer as soon as possible.

Discuss ALL of your concerns and whether you can have an Emergency Motion for Parenting time with your daughter.  Your lawyer has all of the details of your file and is the best person to give you detailed advice. Here on Just Answer, we do not have Solicitor/client relationships with customers.  this is merely a forum for us to provide you with general guidance.

img

KAVITAR39, Expert

Have you discussed all of these concerns with your lawyer?

Customer
I have. But I've never been told about MIP, resolution methods, emergency motions, or anything else like that...
I feel like I need to educate myself because my lawyer is not educating me at all...
img

KAVITAR39, Expert

I am sorry to hear that you feel as though you are not obtaining the information you require from your lawyer. I would suggest scheduling a meeting with him/her and discussing these details as soon as possible.  As I mentioned, I am just giving general insight, there may be a specific reason your lawyer has not suggested the options.

Customer
Would it be a bad idea for me to seek advice from FCS?
img

KAVITAR39, Expert

You mean Family Court Services?

Customer
Children services
img

KAVITAR39, Expert

Children's Aid Services/ CAS?

You can if you feel as though your child is in any sort of danger.  they will discuss the issue with you and commence an investigation if one is required.

img

KAVITAR39, Expert

Again, have you discussed this with your lawyer?

Whereabout in Ontario are you ?- to see if I can get CAS info for you.

Customer
Can I get advice from them without opening a case
Customer
Kitchener
img

KAVITAR39, Expert

Usually, once a complaint has been made, they will open a file.  But you should be able to obtain general information.

img

KAVITAR39, Expert

Your daughter is in Kitchener as well?

Customer
Hi
img

KAVITAR39, Expert

Family and Children Services Waterloo : https://www.facswaterloo.org/contact

Kitchener/Waterloo PHONE:(###) ###-####/p>

img

KAVITAR39, Expert

https://www.facswaterloo.org/report/what-happens-when-i-call

If you go to the above link, it will give you information as to what happens when you call them.

Customer
Ok thank you very much
img

KAVITAR39, Expert

You are very welcome, I'm happy to have assisted you today. If you have any follow up questions or updates, please feel free to create a new question and start with " this is only for KAVITA" and I will respond as soon as possible.

Customer
Thank you so much for your help!
img

KAVITAR39, Expert

You are very welcome.

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
How it works
logoAsk for help, 24/7
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.
logoExpert will respond in minutes
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.
logoSave time & money
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.
img
logo 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.
Explore law categories
Powered by JustAnswer