False allegations made by children's aid society to obtain protection supervision temp order. How to respond. Pembroke

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Customer: False allegations made by children's aid society to obtain protection supervision temp order.
JA: What state is this in? It matters because laws vary by location.
Customer: How to respond
JA: The Lawyer will be able to walk you through that. What steps have been taken so far?
Customer: Pembroke Ontario Canada
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Filed for legal aid for a lawyer
Answered by Joey in 6 mins 1 year ago
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Joey
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Joey, Expert

Hi and thank you for using JustAnswer.  My name is ***** ***** I will be assisting you with your question.

Just a general disclaimer that this conversation is for informational purposes only. I am licensed Canadian lawyer; however, you would need to retain a lawyer to take any legal action and/or preserve any of your legal rights. I may be away from my desk from time to time, but rest assured I will always return back as soon as possible.

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Joey, Expert

Good afternoon  –  can you please tell me the brief facts of your issue and your legal question?

Customer
Is there a motion to ask for a lawyer to be appointed in Ontario Canada?
Customer
What motion should I file against CAS to point out that they made false statements in order to get a temp protection order
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Joey, Expert

You can retain your own lawyer and challenge the CAS protection order they sought. If you have evidence that false statements were made, your lawyer can present your evidence to the court to have the order set aside.

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Joey, Expert

Once you retain a lawyer, they can review the matter carefully and advise you what is the best course of action given the cicumstances.

Customer
I'm having a hard time finding a lawyer in Canada, for I am American and in Virginia.
Customer
Can I retain you?
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Joey, Expert

Is this a Canadian or US legal issue?

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Joey, Expert

JustAnswer is not providing legal services at this time.

Customer
Kinda both, the US ordered her to be returned under the Hague Convention(my pro bono lawyer is doing an appeal in the Fourth Circuit Court of Appeals to have a re return order) but she is an American citizen with a Canadian father. CAS also tried to force him to have the ability to make her Canadian citizen but the judge said that it was way too early to be discussing that.
Customer
The appeal will be next month, the status update for CAS in Canada is Sept 27th.
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Joey, Expert

A bit more complicated in that case.

Customer
indeed.
Customer
Would a letter from the FBI be enough evidence to prove the worker lied and have the order set to the side?
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Joey, Expert

Keep reaching out to as many lawyers as you can. If they will testify to this in court, perhaps. A letter without any cross examination won't hold a lot of weight.

Customer
Basically, my daughter has made allegations against the father that was never investigated since it did not occur on US soil. That does not mean that they didn't find anything just that they lack ability to even charge. The worker and the lawyer told the court that FBI did conduct the investigation, and no findings were made and no charges, so therefore these are old historical allegations that have been addressed already by the fbi and that the agency is not in a position to find anything different than the fbi.
Customer
But fbi did not investigate, there are no documents for CAS to review to even confirm an investigation, so why did they claim an investigation occured when in fact it never has been investigated by the property authorities and they looked the other way and placed my daughter with her alleged abuser.
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Joey, Expert

Sounds like a mistake was made. Sorry to hear.

Customer
Does just answer help with legal documents?
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Joey, Expert

Some experts may assist, but it could cross into providing legal advice which JustAnswer cannot do.

Customer
Should I file a complaint against CAS? If so when? After the order is resolved? Also, if perjury is proven what would I need to do next?
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Joey, Expert

It would be best to wait until the end of the legal proceedings. If the court determines that CAS engaged in unethical behaviour, that would be powerful evidence for any complaint or subsequent legal claim you make against them.

Customer
It's been a couple weeks and they have still not placed Athena into play therapy, or set a visit for us. Which was required for her to begin therapy promptly upon her arrival. They claim to be protecting my daughter, but honestly they are doing more damage than good right now.
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Joey, Expert

Sorry to hear.

Customer
I will wait for a complaint. That was my plan. First I need this order resolved, so we can move onto the custody battle.
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Joey, Expert

That would be a prudent course of action.

Customer
For an alleged abuser, what motions could I bring to have him psychologically evaluated
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Joey, Expert

To clarify, who do you want to be examined?

Customer
Mental stability, while he had her he was admitted to the hospital for being intoxicated and suicidal. He has manipulated the situation time and time again, and to prove narcissistic behavior
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Joey, Expert

Who specifically did you want to be examined?

Customer
Narcissistic behavior
Customer
Also, he did tell the court here he would do a polygraph.
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Joey, Expert

Are you talking about an adult or a child?

Customer
The father.
Customer
The true person that this protection order should be against.
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Joey, Expert

There is no such motion to have the father evaluated.

Customer
No psychological evaulation?
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Joey, Expert

If the father poses a threat to the child, you can contact the police and CAS and file a report.

Customer
I have, but they have spun it. Said I'm talking about historical allegations that have already been investigated which they have not.
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Joey, Expert

You'll need to retain a lawyer and set the record straight.

Customer
Do you think I would be able to clear this up without a lawyer?
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Joey, Expert

Unless you are familiar with Canadian child protection law and legal procedure, it will be very difficult.

Customer
Recommend any in the pembroke, Ottawa area?
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Joey, Expert

I don't have any personal recommendations. I would suggest contacting the Ontario lawyer referral service to help you find a lawyer: https://lsrs.lso.ca/lsrs/welcome

Speak with a few lawyers and select one you feel most comfortable with.

Customer
Okay, Thank you.
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Joey, Expert

Thank you for using JustAnswer. I wish you the best of luck. If you have any follow up questions about this matter, please do not hesitate to reach out to me.

Customer
Hey so, I used the referral list. But I looked up the attorney and I cannot seem to find much information about. And their emails are different like, Gmail and aol.com
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Joey, Expert

I would suggest contacting a few and choosing one you are most comfortable with.

Customer
Thank you.
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Joey, Expert

You're welcome.

Customer
Question for you,
Customer
Can my ex who I'm still legally married to, recieve parental benefits with his mistress?
Customer
His baby is due in 2 weeks.
Customer
But we are separated, just not fully divorced
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Joey, Expert

Technically yes if that's his child.

Customer
If I get a divorce by default in the USA, will Canada recognize it or does it need to be mirrored.
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Joey, Expert

Canada will recognize any legally obtained divorce in the USA.

Customer
what rights do I have to know where my daughter sleeps at night? They claim she lives at Bryce's residence, but they actually live with his pregnant girlfriend. I've asked for the address. They state they do not want to share it because the girlfriend does not want me to know. I wouldn't care for the address if my daughter wasn't sleeping there every night.
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Joey, Expert

You would need a court order to compel the other parent to tell you where the child is sleeping.

Customer
My lawyer passed away due to covid, business operations are closed.
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Joey, Expert

I'm sorry to hear. Here is a link for the Ontario lawyer referral service to help you find a lawyer: https://lsrs.lso.ca/lsrs/welcome

Customer
Could you recommend knew? I'm getting a complete run around.
Customer
Could you recommend one? I'm getting the run around now.
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Joey, Expert

I'm not familiar with any lawyers in your specific area.

Customer
What area are you familiar with?
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Joey, Expert

Southern Ontario.

Customer
That's fine, the hearing is by zoom.
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Joey, Expert

Gottlieb Law (416)(###) ###-####/p>

Epstein Cole ***-***-****

Customer
Should I try calling them now, or wait until Monday?
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Joey, Expert

I don't think they are open now, but you could try.

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