My daughter is in a battle with her ex wife for custody of child of the marriage. The ex is playing dirty. Today, the

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Customer: Hi there. My daughter is in a battle with her ex wife for custody of child of the marriage. The ex is playing dirty. Today, the police called my daughter and told her she was being charged with assault to her child and to turn herself in, but they won’t give details until she goes there. The ex has been trying to say my daughter slapped the child, though she did not. My daughter has spent over $20k already in family court and cannot afford a lawyer for this. We think the ex is trying to exhaust all of daughters money in legal fees so she can take child away to Regina.
JA: How long has this custody dispute been going on?
Customer: The ex left her in June and ran away with the child on July 1st. My daughter won a temporary custody until court decides final. We believe she is doing this to make my daughter look bad so she can get custody back by looking like she assaults the baby. She is only going to be 4 in 2 weeks.
JA: Has there been any mediation on this issue?
Customer: Yes, there wasn’t much that was agreed on, so they will need to go to trial regarding custody. The ex is from a church that does not believe in being gay. Her parents would have nothing to do with her while she was with my daughter. The whole time she was with my daughter, she told us many stories of how her parents would abuse her physically and mentally and stated she did not want them around the baby. Ex got a boyfriend and decided she wasn’t gay anymore so her parents then were kind and loving parents and she told the courts that and that now my daughter abused her. She kidnapped the baby while she was on a parenting time visit and took her to Saskatchewan and cut all of us off of contact with the baby in any way. My daughter has gone through enough with all of this and is working so hard suddenly being a single parent. She doesn’t need this frivolous crap.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I think that’s all for now.
Answered by ToLawyer in 2 mins 10 months ago
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ToLawyer, Expert

Welcome and thank you for choosing Just Answer, an independent paid Q&A service! My name is***** am a lawyer in Canada and would be happy to assist you.

Please be advised that I am working from my computer and may not always be available immediately. Rest assured, I will get to your response as fast as I am able.

Customer
Ok thank you
Customer
Did you get the background information from the person I spoke with? My daughter is waiting to go to the police station until we hear from you.
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ToLawyer, Expert

Apologies, I have returned. Is there a separation agreement or any verbal agreement about custody?

Customer
There is a temporary custody order with my daughter having decision making ability.
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ToLawyer, Expert

The temporary custody order, is it for sole custody (does the boyfriend have the ability to make decisions or visitation)?

Customer
Wife actually. Yes, sole decision making with visitation. She has come to visit twice in 6 months.
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ToLawyer, Expert

Apologies, wife. Is CPS involved?

Customer
They did a check up in the summer and found no problems. The police called my daughter 2 weeks ago and said they were doing a wellness follow up, she took her daughter in, and was told there was no problems. When they called her today about being charged, the police said the child would stay with her because there were no issues, but they were charging with assault to the child.
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ToLawyer, Expert

Who is the victim of the assault?

Customer
They said it was my granddaughter. It makes no sense besides her ex trying to do something to gain custody.
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ToLawyer, Expert

Your daughter should consider hiring a criminal lawyer. They are going to interview her to see if they are going to move forward with the hearing. If they are pressing charges, it normally means they have enough information to convince them that there may be a case.

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ToLawyer, Expert

Hi there, I am following up on this question as I have not heard back from you. Is there anything else I can help you with today?

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ToLawyer, Expert

I understand legal issues may be frustrating, but I hope I was able to provide a little clarity here.

Thank you for trusting us here at JustAnswer. If you have a new question in the future and would like to engage me again, please do not hesitate to request for me directly by going to https://www.justanswer.com/law/expert-jc222/?rpt=3800 and typing - "This is only for JC" and I will get to you as soon as possible!

And of course, if you have any follow-up questions, please do not hesitate to continue typing them here.


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