Today my ex went up toy mom's house while my kids were there and tried to take them. As of right now he needs to be

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Customer: Today my ex went up toy mom's house while my kids were there and tried to take them. As of right now he needs to be supervised when he visits with them and he needs to give me 3 days notice. I was a work when this happened. But his reason was because he was accusing me of bringing my kids around a sexual predator which is a false accusation. He believes my bf should not be around my kids and has been trying to make my life hell since we broke up almost a year ago. I am just wondering, as my bf is on parole for something different that he isn't going to be getting into any trouble for coming over now. He has spoken with his parole officer and informed them what's happened I just want to make sure that of he is coming over my ex won't be able to use that against me if he tries to take me to court to get my kids
JA: Who currently has legal custody?
Customer: I do
JA: Is there a child custody order in place?
Customer: No legally, just verbal agreements. I am sorting that out with legal aid the last few month, but I couldn't get ahold of her today, I have sent an email. Was just hoping for confirmation as I don't want my bf to get in trouble for something that my ex is saying
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 bf has an accuited charge for sexual interference from about 4 years ago, which is probably why my ex brought it up in the first place
Answered by ulysses101 in 7 mins 1 year ago
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ulysses101
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ulysses101, Expert

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?

Customer
I am in Ontario. It is mandated my CAS that he be supervised, as while our case was open he did not do the counceling and anger management he was supposed to. But there is not legal custody agreement
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ulysses101, Expert

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?

Customer
Okay, but my boyfriend will not get in trouble because of the acussations my ex is making?
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ulysses101, Expert

He's not breaking any laws, or any conditions of his parole, is he?

Customer
No he is not, he has passed to come visit me and his parole officer has talked to me on multiple occasions
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ulysses101, Expert

The parole officer knows that you have children, and knows their genders and ages?

Customer
she even visited my house
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ulysses101, Expert

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.

Customer
No he is not
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ulysses101, Expert

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?

Customer
A pass*
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ulysses101, Expert

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.

Customer
Okay thank you
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ulysses101, Expert

You're very welcome!

Good luck and stay safe.

Ulysses

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