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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Family Law
Satisfied Customers: 78
Experience:  25 years in practice.
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My 13 year old step daughter came to us and said she wanted

Customer Question

my 13 year old step daughter came to us and said she wanted to live with us because her step dad was abusive, charges were laid and social services became involved, she was ordered to stay with us. within a few months she decided she didn't like our rules
and went back. We spoke with social services and the police and they said that because she was 13 there really wasn't anything they could do and as long as she was willing to tell the police she wanted to stay it wouldn't matter what the courts said or anything.
So why am I getting told something else now in this situation!
Submitted: 1 year ago.
Category: Canada Family Law
Expert:  Tom B. replied 1 year ago.
Hi.
It is a difficult age where kids have some say but are also so fickle.
The alarming aspect is that she decided to go back to an abusive situation where charges were laid.
That to me sounds impossible. If she was abused and criminal charges were laid there should be a no contact order. She can't live with her abuser.
I must be missing some facts or this is really wrong.
Tom
Customer: replied 1 year ago.
no there was a no contact order, eventually charges were dropped because her story didn't stay consistent but social services maintained that with her being 13 there was no way to make her stay with us. They said we could go to court and get another order but the police would have trouble enforcing it if she maintained she wanted to stay there. I assure you, I know it sounds odd but that is what they said and there is nothing missing! I argued with the social worker several times and she just kept saying she is 13 and its her choice in the end
Customer: replied 1 year ago.
What I guess I'm asking is what is the likely hood of the police doing anything and if I explain to the court and my son speaks with the court what are the chances of them actually charging me? I know legally they can but will they? I have two exes I have a custody order in my favour for my daughter but it was from when I lived in BC and her dad lived in Alberta. Her dad took her and refused to bring her home when I phoned the police they said there wasn't anything they could do unless I had an interjurisdictional order. They said I would have to apply for and go to court to get one then they could go and pick her up. So why does it seem that now all of a sudden even though my reasons are just I am being told the polar opposite of these things. SO very frustrating!!! This is why I won't hire a lawyer. I hired one he didn't do his job lost my case, hired a new one, won my case but she lied about fees and supreme court!!! Told me when my ex appealed that I should just drop the case because if he won I would have to pay ALL of HIS court fees plus hers which there was no way we could afford! In the end we went anyway and won but low and behold he only had to pay like 60% of my fees!!!! So maddening
Expert:  Tom B. replied 1 year ago.
Why do you think you would be charged? With what?
There is a new case in BC lambasting the Ministry about not paying attention in returning children to an abusive atmosphere. You may find they change their attitude.
What do you want?
Tom

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