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Law.Hut, Lawyer
Category: Canada Family Law
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I had a Nervous Break Down. The chlild was not present in the

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I had a Nervous Break Down. The chlild was not present in the home. The child has been placed, not removed, with my parents. I cannot see her alone. I have already been cleared by doctors that I am mentally stable. My first doctor closed the file saying no further assessment needed. My daughter has already been gone 3 weeks. I had a contingency plan put into play and sent her to my mother's. I sought medical attention right away. I have been on an antidepressent since then and medication is working well. My question is how much longer before she can return home?

Submitted: 1 year ago.
Category: Canada Family Law
Expert:  Law.Hut replied 1 year ago.

Hello:

 

Have CPS workers been given a copy of your doctor's reports? What are they telling you as to what will be required or when you will have access again?

 

Have any court proceedings been started?

 

 

Customer: replied 1 year ago.

They seem to be taking their time with this. They are putting a fax in today supposedly with the first doctor who assessed me which I already have the report in my possession. His states no further assessment required and is closing his file. They haven't sent for a report to mt family doctor to sign yet. He verbally told me he fells I am well and he will comply.I was first told that this would go to trial, now my worker is saying that it isn't. I know that this is possitve.

Expert:  Law.Hut replied 1 year ago.

Yes, I agree with your worker. This is positive certainly, and there would seem to be no point to this going to trial if it is clear medically that your issues are being handled. The dust stirred up by your boyfriend should really have no bearing on the decision of CPS and if this had to go to court it would not likely have any bearing on a judge.

 

I am sorry I cannot give you any definite answer as to when you will have your child. I can tell you that it is often a preferable course of action to try and continue working with CPS, even if they are bureaucratic and slow in their decisions, as this is still much, much more quick than in dealing with the court. The court process is there if CPS is just making decisions that you cannot agree with. And you would want to likely pursue court of CPS inexplicably here refuses to allow you access or residence of your child with the medical evidence now indicating that the problems with the breakdown are behind you. But unless and until CPS makes such a decision, you may want to continue working with them and trying to maintain a positive relationship with them. My experience is that fighting CPS is a particularly difficult task, as they have a great deal of resources and the time and effort involved in a trial against them is enormous. So you may want to continue trying to politely insist and push them to get the information from your doctor and make a decision. Even if that takes a bit more time it will likely be much quicker than the alternative of forcing a court hearing.

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