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How do I make a motion to quosh an apprehension of my

Customer Question
children in manitoba?...
How do I make a motion to quosh an apprehension of my children in manitoba?
Submitted: 6 months ago.Category: Canada Law
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Customer reply replied 6 months ago
Can I add evidence (that police have already received) and give the evidence to add to an existing protection order?
Answered in 3 hours by:
12/31/2017
Lawyer: Ulysses101, Lawyer replied 6 months ago
Ulysses101
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3,748
Experience: 11 years experience in Canada family law, plus criminal, civil, and employment
Verified

Hello, thank you for the question.

When were the children apprehended and when is the next court date?

Don't use details that can identify you, please.

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Customer reply replied 6 months ago
My ex his 15 year old son sexually abused my 4 year old daughter. My ex abused my other daughter who is now 14. She has nothing to do with her father. My 4 year old was apprehended November 7th and I am NOT agreeing to it. They said I "coached" my 4 year old daughter. I did not. My other daughter was abused when she was 11 by her dad. Now CFS and my ex are saying I "coached" my daughters because my nanny made a video and later I made one because my daughter said so much. The videos are police evidence. I am trying to "quosh" the apprehension order because the worker is totally on my exes side. She gave my 4 year old to her father as a "foster parent" I have sole custody of my daughters. This is insane. I also have a protection order for my 4 year old against her brother. My ex is now trying to go for primary care and control and to remove the protection order. I also want to add the videos to the protection order as they are already police evidence. CFS is trying to use BOTH videos against me in the apprehension.
Customer reply replied 6 months ago
I am at work I can do a live call in 45 mins.
Customer reply replied 6 months ago
Two questions;1. How to quosh a protection order that is false.2. Can I add videos to the protection order? They are already police evidence. My daughter was too scared to talk to the police and they found no physical evidence.
Customer reply replied 6 months ago
Children were apprehended;1. 4 year old November 7th from school.2. 14 year old November 28th from school.
Customer reply replied 6 months ago
Court was adjourned to January 16th I live in Winnipeg and they are holding court in Beausejour. My 4 year old was taken almost 2 months ago. I am going to make a motion to quosh and get them back asap!! I am not agreeing to any of their garbage because it is NOT true.
Lawyer: Ulysses101, Lawyer replied 6 months ago

I don't do calls, I'm afraid. I don't know if you asked for it or the site is pushing it as an additional service.

Your next court date is January 16, do you have a lawyer? If not are you getting one?

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Customer reply replied 6 months ago
I didn't ask for a phone gall
Customer reply replied 6 months ago
Call
Customer reply replied 6 months ago
I have a lawyer yes
Lawyer: Ulysses101, Lawyer replied 6 months ago

Are you and your lawyer working to get the evidence in an affidavit format, to serve and file, and use at the next court date?

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Customer reply replied 6 months ago
I asked him to make an application to quosh the apprehension with all the holidays it is taking so long I want my kids home. CFS will be doing an assessment and I know my little girl will talk to them ahe will start talking. But her dad was scaring her and putting her in the corner behind big boxes in the basement. I couldn't believe it. I didn't trust CFS anymore and I took her into her school I told her teacher what she told me and she told her teacher on November 2nd. I called the CFS worker and told her and she apprehended my baby girl on November 7th. My ex is saying this is a "custody" battle but I have sole custody. Its abuse and he is totally lying and the CFS worker bought his story. Its a nightm
Customer reply replied 6 months ago
Assessment will be done by a psychologist with CPC
Lawyer: Ulysses101, Lawyer replied 6 months ago

There are no shortcuts here, and you can't be concerned about what your ex says about anything because he's not on your side.

Is the next court date scheduled for a hearing on the temporary order?

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Customer reply replied 6 months ago
I hate this site court date hearing Jan 16th I am not agreeing to it. They are asking for guardianship, permanent ward everything is checked off. How can I agree to that? Then my ex will use it against me in court.
Lawyer: Ulysses101, Lawyer replied 6 months ago

No one is saying that you have to agree to anything, that's why you have a lawyer.

There are ways in which you can fight an apprehension order, it depends on the evidence. If they didn't get a warrant, some judges take that very seriously. If the CPC is on your ex's side and you can prove that he's lying, and I mean prove with third party evidence that he's lying about an important aspect of the allegations, that will help.

I know that you are hoping for some way to get to a shortcut but there isn't one. I'm not going to ask you to pay for this question thread, you should ask the site for a refund and work closely with your lawyer.

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Customer reply replied 6 months ago
There was no warrant
Lawyer: Ulysses101, Lawyer replied 6 months ago

There doesn't always have to be. Ask your lawyer about this.

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Customer reply replied 6 months ago
They don't require one in manitoba they take kids and make case later here. Beausejour only has court once a month. I live in winnipeg. Eastman CFS has been HORRIBLE. They failed miserably and I am going to sue them. My ex has been calling and making reports about me Ia s
Customer reply replied 6 months ago
Ok
Lawyer: Ulysses101, Lawyer replied 6 months ago

Shall I ask the site to process a refund for you?

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Customer reply replied 6 months ago
Ok thank you
Customer reply replied 6 months ago
My lawyer has been off
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