I am going through a bad break up and j have custody of my child and my ex just dropped my son off with a broken elbow

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Customer: I am going through a bad break up and j have custody of my child and my ex just dropped my son off with a broken elbow and left it up to me to take him in to get it checked
JA: Who currently has legal custody?
Customer: I do
JA: Is there a child custody order in place?
Customer: Yee
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: We have a court hearing scheduled for 15 minutes to determine the next steps. The judge ordered a counselor to talk to my son at school about ehat happens when he is at his mom's and at our house. I am remarried and his mom is about to have a new child. I have submitted a sufficient amount of paperwork to the court yo support me keeping primary custodial care but we have equal guardianship. She has not complied with hardly anything the court has requested. I have documented evidence that this is not the first time he has been injured. I am concerned for his safety and his behavior is horrible at home and school around the time he goes yo her house. She has previously been charged with child endangerment when her oldest son was born a meth baby. I feel she is an unfit mother. I know she leaves him unattended with his brother that is now 12 and has for years. She also just compared me yo her ex brother inlaw that was s pedophile and I told her that I know now that she climbed in bed when she was drunk with my 17 year old son. She is Normally a drunk and has also told me my son has another father even though my name is ***** ***** birth certificate and I have raised him since he was born.
Answered by legalgems in 1 min 1 year ago
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legalgems
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legalgems
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legalgems
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69954 Satisfied customers

Jessica

Jessica

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31,131 Satisfied customers

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116 Lawyers are online right now.
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legalgems, Expert

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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legalgems, Expert

I am so very sorry about your son's injury.

I have reviewed your post. What is your specific question please?

Customer
Is this grounds for an immediate hearing? I have been asking for supervised visitation instead of every other weekend with his mother because she is an abusive drunk when she isn't pregnant but happens to be about 7 or 8 months pregnant now. She had her first taken from her because she was a drug addict. We know Nothing that goes on at her house unless my son slips and says some which is usually a red flag. We can't get anyone to investigate her but she has called the ministry 4 times and I have been cleared every time but when we tell the social workers what we know they do Nothing.
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legalgems, Expert

Yes, if a parent does not provide medical care when needed that can be grounds for an emergency hearing because it can indicate that the parent will not provide the necessary care for the child going forward, thus placing the child in harm's way.

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legalgems, Expert

I'm sorry; you mentioned ministry- what state is this please?

Customer
I am in canada
Customer
British Columbia canada
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legalgems, Expert

I'm sorry; this is in the wrong forum. Let me have this reclassified.

Customer
Ok
Customer
Will it take long
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legalgems, Expert

Hi, my name is Arlene.  Welcome to Just Answer, I’m your expert and I’ll be assisting you today.

Just a general disclaimer that this conversation is for informational purposes and I am not your lawyer. The information discussed is for general use only and a lawyer would be necessary to preserve any of your legal rights. Please note that the system may ask you to participate in a live call.  This is an automatic feature and I typically work only through the chat option.

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legalgems, Expert

Hi, sorry about the delay.  I'm just reading your question I will be right with you.

Customer
Ok do I have to type my question over again
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legalgems, Expert

no it's there

Customer
Does the answer still apply
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legalgems, Expert

one moment

Customer
Because I am on my way to his school to bring him home again as he pulled the fire alarm and will be suspended again
Customer
After my ex'S WEEKEND IT IS LIKE CLOCKWORK
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legalgems, Expert

Yes the answer is still correct that is child endangerment

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legalgems, Expert

Is there a court order regarding access/visitation?

Customer
she gets him every other week
Customer
But she has not followed any of the orders so far
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legalgems, Expert

Are you using a lawyer because honestly I would file an emergency application and not send him.  She may show up with the police though

Customer
I can not afford a lawyer
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legalgems, Expert

Is legal aid an option?

Customer
My new wife has helped me alot and now they are trying to ban her from having anytime to do with the case
Customer
No I have been declined
Customer
I can not afford 10000 dollar retainer
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legalgems, Expert

I'm really sorry to hear that.  Who is trying to ban her?  The mother?

Customer
Her lawyer
Customer
Whe refuses to pay child support and leaves me to deal with our child's mental health
Customer
She
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legalgems, Expert

I see.  That is a steep retainer.  Not all lawyers are vultures.  What province are you in?

Customer
British Columbia
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legalgems, Expert

one moment

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legalgems, Expert

Have you tried the law society?  It says they match people of any income with a lawyer

https://www.lawsociety.bc.ca/working-with-lawyers/finding-a-lawyer/

Customer
Thanks you I will give them a shot
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legalgems, Expert

ok good luck

Customer
Also is this grounds to have supervised visits put in place
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legalgems, Expert

Thank you again for trusting Just Answer with your question if you have any additional concerns or need me to clarify anything please let me know.  I’m happy to help.

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legalgems, Expert

Yes absolutely!

Customer
Was filling for an urgent hearing do I have to file an affidavit with the Urgent hearing form to include evidence
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legalgems, Expert

Hi, yes an affidavit normally accompanies the motion

https://www.provincialcourt.bc.ca/types-of-cases/family-matters/without-notice-orders

Customer
If I have an order that says I have to share medical information with my ex and her lawyer has asked me to produce all documentation of doctor visits since date of separation and he has not produced any affidavits or motions to compel me to do it do I have to give them to him
Customer
my ex will not share any of them before that
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legalgems, Expert

Well, technically you should follow the Court order so your not held in contempt of court but it usually takes a good amount of defiance of an order before you are held in contempt.

Customer
But the order does not state I have e to provide medical records only share what is going on through text or email regarding medical issues
Customer
Does he need a motion to get request these records or can I send a list of doctors and let them get them from the medical facilities
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legalgems, Expert

oh ok you are only required to do what the order says you don't have to provide medical records unless you are ordered to do so or there is some agreement to do so.

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legalgems, Expert

yes a motion would be required. if you tell them to get the records you may need to sign a release.

Customer
I have cussing my son and my ex gets him every 2nd weekend since my ex's had her new baby my son is come home and he does not listen to anything we tell him he does nothing he sits in his room all day and bangs bangs and tells us he does not have to listen to us what can I do what can I file to stop this and and have full custody
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legalgems, Expert

Hi, I'm happy to answer your question.  Would it be possible for you to post it again and put 'this is for Arlene' at the beginning?  I'm just following the rules.  thanks

Customer
This is for Arlene I have custody of my son and my ex gets him evey 2 weekend well we r in a bad custody battle and my ex had a new baby since then nathan our son does not listen to us tells us to f off tells me I am not his dad and runs away.2 of the last 3 visits our son has had a broken elbow and sat in a emergency room for 6 hrs because she does not make him wear protective not even a helmet what can I do no one will help us
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legalgems, Expert

Hi, I'm going to answer but this is not where you post.

What court orders are in place now?

Customer
We r supposed to be civil and speak to one another civil wich she told me to die already
Customer
I have primary care
Customer
Pick up at 430 drop off 430 wich never happens always early and mostly late and put our child's best interest before our own
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legalgems, Expert

Ok well you can file an application to change her access//visitation with your child.  Has there been a home study?

https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/family/pfa100.pdf

Customer
Not on her I have been investigated 4 times already
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legalgems, Expert

I see.  Maybe she needs supervised visits.

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legalgems, Expert

You can ask for her to be "investigated"

Customer
We have and they turn around and investigate my wife and I
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legalgems, Expert

that's strange.......why do you think that is happening?

Customer
I am a father with custody
Customer
She pays no child support what so ever
Customer
nathan is getting worse and worse
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legalgems, Expert

Well your already in court so you can always ask for child support.

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legalgems, Expert

I'm assuming they have at least interviewed your son?

Customer
I have numerous times and get nothing
Customer
Ministry has about me and I do not think they asked any questions about her
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legalgems, Expert

Well, can you take him to a specialist whose willing to write a report and potentially testify?

Customer
Oh sorry that is another court order we r not allowed to ask nathan what goes on at her place
Customer
Except pleasantries
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legalgems, Expert

Ok what about the specialist?

Customer
I am trying to get him in again and see if I can get a proper diagnosis of nathan
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legalgems, Expert

ok that should help along with application to change an order

Customer
Right now he has adhd odd compulsory disorder abandonment issues
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legalgems, Expert

I'm sorry to hear that.

Customer
Hi I got an email from my ex's lawyer about availability for a 4 day trial 2 days ago and I just received a letter from the court house dated Sept 20 that her lawyer has booked the trail already without my knowledge
Customer
8s he allowed to do that without my consent on days
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legalgems, Expert

Not without notice they cannot do that unless there was an emergency hearing without notice . Is it a trial or a motion?
Customer
Trail
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legalgems, Expert

Well you need to find out what was filed. You can go to the courthouse for that.
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legalgems, Expert

I’d also suggest contacting the lawyer and seeing if he will consent to changing the date if not you can write the court but you may have to file a motion
Customer
What do I need to do to file a breach against my ex. She took my son on my holiday weekend
Customer
She had her lawyer threaten me and threatened to call the cops because there was some confusion about her missing a weekend. She had nathan from August 20-sept 3. I missed one of my parenting weekends during this time snd she agreed to bring g him back on the 3rd because he was supposed to meet his new special education teacher that weekend. The following weekend Sept 13-15 she thought was hers but actually is listed on the calendar as mine. She said she had been exposed to covid19. There was apparently some confusion at this point that this wasn't her weekend because I had him the weekend before. The next weekend was her parenting time but both her kids were sick and being tested for covid19. I kept nathan here and let him go the following week instead, another swap. October 1-3 she took him second weekend in a row because it was her scheduled parenting weekend. That brings us to this weekend. She said we still owed her a weekend and she contacted her attorney when we told her it wasn't. He threatened to call the police and take us to court if we did not allow her to have him this weekend. Nathan would have thrown a fit if she showed up and we started fighting I front of him do I let him go. How do I file a breach against her?
Customer
Hello is there anybody there ?
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legalgems, Expert

Hi, sorry I didn't get an alert earlier.

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legalgems, Expert

You can file a motion for the "breach" as well.

Customer
Her attorney just served Mr with a form stating he was representing her. He has been her attorney previously and has filed papers and represented her in the past. Why would he send me this now? Is he required to renew or did he drop her for a while and submit paperwork through the court on her behalf without actually being her attorney of record?
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legalgems, Expert

Maybe his representation ended and she was self represented at some point.

Customer
We were never notified but there was o d item from the court a while back that was only addressed to us not her attorney. If that's the case is anything he has submitted on her behalf since then void?
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legalgems, Expert

I don't see why it would be void.  Sometimes the court will send things to the last lawyer of records.  You can also ask him if there was a break in the representation and he should explain it to you.  Otherwise we are just guessing.

I think the administrative team is going  to close this thread at some point.  Technically you have to start a new post for every new question.  However, it's been a pleasure working with you.

Customer
They recently submitted her financial statement and had checked of that the notice of assessment and tax returns for 3 years were included but there were no tax returns included. Last time we had court the judge gave her 30 days to submit her Financials or she would be fines $500. Are they allowed to submit it all to the court and only a partial to me? Is there anything I can do to inform the court it isn't complete since she didn't file everything to me?
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