Im in the midst of a family law proceeding for custody and access. My children normally reside with their father but

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Customer: Hi, im in the midst of a family law proceeding for custody and access. My children normally reside with their father but while visiting over the holidays, my daughters made disclosure of sexual abuse, and so, at the direction of RCMP, I did not return them to their fathers care. The investigation is still ongoing so he has not yet been charged. In the meantime he us trying to force me to return them to him by making application to the court for immediate return. I attended an application hearing on Friday and judge said she would deliberate and hand down an interim order on Monday. Her clear intent is to adjourn until the investigation is complete, however I fear she will allow him supervised access, and he has put forth that his mother will supervise, or as an alternative that my parents can supervise. I am estranged from my parents at this time and they are of the strict belief that I have fabricated the allegations of sexual abuse, and I fear they would all pressure the girls to recant if they are permitted to have the children in their care. My question is: if the judge rules that the children must stay with my parents during the interim, can I immediately appeal that interim decision and prevent them being taken to live with my parents?
JA: Has an emergency custody motion been filed?
Customer: No, unfortunately. I'm self-represented and didn't know that was an option at the time
JA: When did this happen exactly? Have the police been involved?
Customer: Oh yes, the police are fully involved, to my knowledge they are only awaiting my ex-husband's statement before the Crown makes a final decision on charges. My 6 year old daughter made the largest disclosures and provided a statement to police. My older daughter also spoke to police but she did not make any disclosure to me personally. The disclosure was made to me on Dec 21, 2020. They spoke to police on Dec 23.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I think that's it for now
Answered by Debra in 3 hours 1 year ago
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Debra
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Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

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Debra, Expert

Please note that the experts don’t text so there may be a bit of a delay. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.

I am sorry to hear of this difficult situation.

Why do you think the judge would rule that the children should live with your parents if they were just going to be providing supervised access?

Customer
Hi Debra. I suppose it's not even the fear that they will be sent to live at my parent's home. Its that my parents have blatantly stated that they believe all of the allegations made against my ex-husband are false and the product of a plot I've come up with and somehow coached a 6-year-old into reciting for police. So my fear is that they would pressure my children to recant and deny anything that they have already told police, and thereby discredit them as witnesses if there are charges laid and it proceeds to trial.
Customer
I just want to know, if the judge rules that they should stay with my parents during the interim (she wishes to adjourn the application until the police investigation is complete), or even rules that my children should go to my parents home to have supervised parenting time with their father, I want to know if I can immediately appeal that interim ruling.
Customer
This is in Saskatchewan by the way
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Debra, Expert

You always have a right to appeal but to appeal successfully you would have to prove that the judge made an error in law and it's hard for a lawyer to do that and would virtually be impossible for you to do that because really all that is happening here is an intern decision being made based on the facts. There's not going to be any legal principle that you could rely on to say that she erred in applying.

The only legal principle that she will be applying is the fact that she must make a decision based on what she determines to be in the best interest of the children.

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Debra, Expert

Thank you for trusting us to help you here at JustAnswer. I am marking this post as complete. If you would like to ask me more questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

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