What do you do when the system doesnt work I have a grandchild…

OK, there's something to be said for this lawyer's tactic. If the father files first, then you get to see his affidavit and his evidence before you file. However, if you want something then you have to bring a motion of your own.

I assume that this started because father brought a motion for mother to be held in contempt of denying him access, or for specified access, or a police assistance clause. I hope that mother has replied with a claim of her own for either no access or supervised access.

The child welfare authorities are usually all over this sort of thing, but since it's primarily an access issue and mom appears to be trying to do the right thing, perhaps they have decided not to interfere. But if they support her, she needs to get that in writing from them. They might not do that; they often don't like getting involved in cases that they haven't started themselves.

I hope that the supervised access is at a child access center where third parties and social workers are present to observe. If the child is honestly terrified of the father, that will show up during the access and the supervisor's notes will then be excellent evidence.

Eight years old isn't old enough to determine the access rights and schedule of the parents. In fact, children never have that right in law although everyone thinks that they do at age 12 or 13 or whatever. In this case, mom's lawyer should consider whether to ask for the provincial Children's Lawyer should be requested to become involved.

Mom's lawyer should be on the police about whether they are going to lay a charge or not. The court needs to know this; if the police and crown don't think that there's a reasonable chance of conviction on the evidence that they have, and they usually lay charges in such matters even if the evidence is weak, that'll tell the judge that there isn't much evidence at all. You say that the doctor is of the opinion that there was abuse. Mom's lawyer will need to get this in writing.

I agree with you in that "the system" doesn't always work. That's because the system isn't a computer or omniscient being, it's instead made up of people who make mistakes and sometimes are just doing their jobs without keeping an eye on how they affect the end result. But the most important thing is for mom to have a decent lawyer that she trusts. Whether or not anything occurred between the father and child isn't really the issue in family court; if the child thinks that father hurt her, and is literally terrified to see him, then the question for the judge is whether it's in the child's best interests to engage in access with the father at this point.

I know that this is your grandchild and that you're upset and worried and want to support your daughter and want the child to be safe. But please keep in mind that you weren't there and you can't personally confirm or deny that anything actually happened. You can't accomplish anything by worrying harder or despairing more. Let the evidence come out and trust that the court will make the right decision and that if it doesn't then mother's lawyer can file an appeal right away. That's the best advice that anyone can give you right now.

Good luck
Ulysses

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