My grandson is in cas care and I want him in my care instead of him being in the system and for some reason cas worker

Expert's Assistant chat
Customer: My grandson is in cas care and I want him in my care instead of him being in the system and for some reason cas worker told me that I couldn’t have him in my care he won’t give me a reason why my grandson and I are very close
JA: What steps have you taken? Have you filed any papers in CA family court?
Customer: and in like 3 weeks I heard that cas is taking my daughters rights away meaning Riley will be in cas care/foster care I can’t let that happen to him he needs to be with Somme one that loves that little boy unconditionally and not bounced from foster home to the next
JA: Have you talked to a lawyer about this yet?
Customer: no I don’t know what paper I need if all possible and it came down to it I want to adopt him
JA: The Family Lawyer will be able to walk you through that. Anything else you want the Lawyer to know before I connect you?
Customer: I belong to the family law centre
Answered by Ulysses101 in 3 hours 2 years ago
imglogo
Ulysses101
10+ years of experience
logo

8648 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
Ulysses101
logo
logo
8648 Satisfied customers
logo
10+ years of experience
imglogo
Ulysses101
10+ years of experience
logo

8648 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

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

Ulysses101, Expert

Hello, thank you for the question.

How old is your grandson?

When was the child taken into care?

I gather that there's a court case ongoing, and your daughter is the mother, and the CAS is looking for a final order for Extended Care of the child? Is it a trial or a Motion for Summary Judgement? Does your daughter have a lawyer, and is she taking part in the court case?

Customer
My grandson is 6 him and his brother were taken at the end of august 2019. Yes there is a court case going on I think it's a motion for summary. No my daughter doesn't have a lawyer she tells the judge she has one but one never shows she misses a lot of visits and face time talks with him. I think she said something bad about me to cas and that's why they didn't put them in my care witch is sad I provide CAS with a police record there's nothing on my record besides a failure to comply. I already did my probation paid a fine and did my community hrs. The brother of Riley is in the care of his father he had Riley but couldn't handle it so he dropped Riley off at a foster home. From the day Riley was born my daughter has lied to me the day she had him she left the hospital and Riley behind she called me and told me she had her appendix out then a week later she calls me up and told me she lied she didn't get appendix out she had a baby boy I asked where my grandson was and she said in the care of cas so I drove to London in a snow storm and got my grandson back him and I went back to Wallaceburg daughter stayed in London saying she had things to do she care back to Wallaceburg it was like three weeks her and Riley lived with my boyfriend and I for 6 months she met a guy moved out then every weekend we took Riley as much as we could we took him. Him and I have a special bond he told me the other day when I was talking to him that he things about me every day his mom asked if he thought about her daily and he said nope just GiGi. I don't understand why my boyfriend and I couldn't raise him he lives us to the moon and hevknows us were not strangers and he's such a good boy that want to be loved and payed attention to and we can do that I'm willing to move to a different town so my daughter just don't show up whenever she feels in my option she just don't care it's all about her and that's it and that's not fair this little boy is number 1
img

Ulysses101, Expert

Do you know when the hearing date is, for the Motion for Summary Judgement?

Did you ever give the CAS anything in writing about wanting the child in your care?

You say you're talking to him? How much access do you have now?

Customer
Nothing in writing but the worker knows I want him in my care from day one. Not much access because of COVID but he's at my ex's sisters we get along great I talk to him on the phone. I have givin the worker a police record only one thing on it and that a failure to comply. I was someone serenity and the boyfriend and girlfriend weren't to be together he brought her to my place so I put her in the car and was driving her home he got in car wouldn't get out we got stopped . That was a few years ago now every thing is done with that probation etc.
img

Ulysses101, Expert

What you know the worker knows is irrelevant. The court will want to know whether you have submitted a Plan of Care in writing.

Get a 33B.1 form, perhaps you can print it from online here: http://ontariocourtforms.on.ca/en/family-law-rules-forms/33b1-1/

Then go to the page with all the questions, and answer those questions with some detail in writing. You'll need a Vulnerable Sector Screen police record check for yourself and any other adult in the household. But do the Plan of Care and get it to them as soon as you can.

This has to be done quickly. Then they officially have to "investigate" your plan of care. This is how it must be done, so there's no point in debating why nobody told you or why they can't just "do what's right".

Get the Plan of Care printed off, typed is best, ***** ***** to the worker and to the supervisor and to the legal department directly, with a cover letter saying you expect to hear ASAP about when the Home Study will commence.

Contact your provincial Legal Aid about getting a lawyer, who will start making noise about you being made a party and bringing a motion to be added, or at least be "entitled to notice" and filing your Plan of Care with the court so that the judge can see it too.

Don't wait to get the lawyer to do the Plan of Care in writing. Put facts into the Plan of Care, concrete circumstances; where you'd live, who is your family doctor, how you'd follow court orders and only give your daughter access where the court ordered it, like that. You won't win this by writing a long missive about how much you love this child. That's not a Plan of Care. Then get it to them ASAP and get a lawyer and show up to the next court date with a copy of your Plan in hand to see Duty Counsel if you haven't got a lawyer yet.

Does that make sense? I'm here if you have question or comment further on this topic.

If I've answered you may I please have a service rating? Ratings are how I get credit from the site for helping its customers. I'd appreciate it. Five stars is best, ***** ***** top of your webpage or back to the app.

Customer
thank you
img

Ulysses101, Expert

Anything else to discuss?

If not, may I have that rating now please? The thread will stay open if you want to talk further.

img

Ulysses101, Expert

How is your Plan of Care coming? Getting anywhere?

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
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