Child protection proceedings court date on Tuesday 26 lawyer…

She had a helping hand, she had a lawyer through Legal Aid. But now she has you. The CAS and the court don't like dealing with non-lawyers generally. You know this.There's nothing stopping you from helping, but she should get a lawyer back on board too. Firstly, a lawyer will know the nuts and bolts of court process, hearings, getting material served and filed, and the things you're asking me about.Secondly, the threat of having to run a trial is often what's behind a settlement with the CAS. And if you can't run the trial then the litigant has no leverage on this level.I have no doubt that you know what you're talking about. But you don't have the litigation experience. You seem to be looking for a mediator whom the judge knows or likes. That's irrelevant, since the judge isn't involved in the mediation process in any way. As well, it doesn't matter how much respect you have from the bench or the CAS, the other litigant has a lawyer who is going to vigorously oppose your involvement if it looks like you're making progress. And that that lawyer will be successful in keeping your role limited. Child protection proceedings are different from family law in general, and no judge is going to qualify you to represent the mother in court over the legitimate objections of the other litigant's lawyer. So knowing this, you're not helping the mother by keeping her without legal counsel.Regarding Tuesday, if this is scheduled for a temporary care and custody hearing and everyone wants and adjournment then the judge will probably grant the adjournment. The CAS may well say that they can still do the ADR with an interim order, that the litigation cannot progress without moving along from a without prejudice order. Few judges will even put it to a Settlement Conference until the order in place is an interim order.If the restraining order is out of family law, issued by a family court in a custody/access order, then I believe that the CAS' involvement trumps that order. Just saying.No need to worry about disclosures between us. Just keep it anonymous and when we're done ask the site to seal the thread.Lastly, if you have a personal connection to this mother then you'll be accused of a conflict of interest and of exerting undue influence upon her. Another reason why she needs a lawyer.Does that raise more questions than it answers?

She needs a lawyer. Few child protection lawyers I know have the CAS as a client.I know that choice of lawyers outside an urban center can be thin. This is a reason why Legal Aid will often allow for travel time and mileage. I hope that she gets other counsel.In the meantime, the adjournment of the tcc hearing is up to the judge. You can ask. Seeking counsel is a good reason for adjourning, as is proposing ADR, but neither is a slam dunk. Also keep in mind that if the child is not in mother's care then time is not on your side. Maybe this should be going to trial.Anything else?

Don't worry about the covers. They don't need separate covers.The mother's materials are unlikely to be accepted by the court unless it has been served on the other parties at least. Has her affidavit with exhibits been commissioned? Served on the other parties?

The judge won't take the late materials for one or more of several reasons:1. They are late and the judge is a stickler for rules2. They haven't been served on the other side yet (asking the judge to consider evidence that the other parties haven't seen isn't fundamental justice)3. The materials haven't been sworn or are so technically deficient as to be unreliable4. The materials are voluminous and the judge doesn't want to take the time to read them5. The other party or parties raises valid objections to the late filing because the materials disclose new evidence that they court ought not consider without giving them an opportunity to respondSo if there's that much material that hasn't been sworn yet, or served, you're never going to just be able to "hand it up" for the court's consideration on the day of the hearing. If you have the affidavit and exhibits together in its final draft, you could serve it unsworn with the undertaking to get it sworn before presenting for late filing. However, you aren't a lawyer and can't give binding undertakings. Also, you can't serve materials by fax in excess of 15 pages without the permission of that party.So get on the phone with the other lawyer and the CAS to see if an adjournment can be agreed upon, and if so send in a 14C to that effect, even if late. Or get the CAS' commitment to do so.But if you have a final draft, even if unsworn, you could fax it out. At least they have the information. Better than nothing, if you intend to rely on it.