8556 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.
8556 Satisfied customers
Hello, thank you for the question. That's an unsettling situation.
So there's nothing in writing about custody / access, right?
What says that the father's access must be supervised?
What province are you in?
Well, unless the CAS took it to court and got a Supervision Order (and I'm not hearing that this happened), then the CAS' position is that dad's access should be supervised, but they can't insist on that just on their say-so. If they've recommended that I hope you have it in writing. Even so, it's not a court order. You need to understand that.
You want to know what you have to do to ensure that your ex can't use your boyfriend's record against him? You can't, really. Dad will allege that your boyfriend is a risk to the children. He should be calling the CAS about it. Then you tell the CAS what's going on and they will recommend something, or else tell the two of you to get an agreement in writing or go to court if you can't agree.
If you want to be really proactive, you and the boyfriend call the CAS and try to talk to the same worker. Explain the situation, see what they say. They might agree with dad, I can't promise what they'll say. They might believe that your boyfriend is a risk to your children. If the sexual interference charge was thrown out because of mistaken identity or something else that demonstrates that your boyfriend didn't sexually interfere with the complainant, then he should be fine. If he was acquitted because some evidence was thrown out, then maybe something didn't happen but he simply couldn't be convicted of it.
Is there more information you have to share with me so we can narrow the issues down? Do you have a letter from the CAS about dad's access needing to be supervised? What led to the boyfriend's acquittal? What are his most recent charges/convictions?
He's not breaking any laws, or any conditions of his parole, is he?
The parole officer knows that you have children, and knows their genders and ages?
Then you're fine. If your boyfriend wants to try to get custody, he can try. You can't stop him from trying. But it sounds to me that he's unlikely to win, unless there are other facts on his side.
He's hoping that this is a "smoking gun" that he can use. So don't let him get to you by saying he'll take you to court. Either of you is free to do that at any time. It's not a threat.
Anything else to discuss on this topic?
I'll be here if there's anything else you want to explore on this topic.
Thanks for the question and thanks for using JustAnswer.
You're very welcome!
Good luck and stay safe.