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I need to ask the court to remove the restraining order

Customer Question
I need to ask...

I need to ask the court to remove the restraining order imposed on me by our daughter in law. there was a pending investigation accusing me of touching my grandson inappropriately. I went through two investigation process one done in Minnesota and also one done by RCMP in Surrey.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

BC

Lawyer's Assistant: Has anything been filed or reported?

I was exonerated on both counts, now we want to see our two grandson which we have not seen for 18 months.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

At this time our son and wife is in the process of obtaining divorce.

Submitted: 5 months ago.Category: Canada Law
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Answered in 25 minutes by:
1/8/2018
Lawyer: Ulysses101, Lawyer replied 5 months ago
Ulysses101
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3,735
Experience: 11 years experience in Canada family law, plus criminal, civil, and employment
Verified

Hello, thank you for the question.

Which court issued the restraining order? Minnesota or BC? Does mom live with the child in Minnesota? What's the connection to USA here?

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Customer reply replied 5 months ago
mom is in Bc. BC court has the jurisdiction. The children were illegally detain in Minnesota , until we applied to impose the Hague Convention , only then that the kids were return to the Father. He have the kids 5-6 days a week
Lawyer: Ulysses101, Lawyer replied 5 months ago

So are both parents and the children now back in BC? I don't think I fully understand who is where.

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Customer reply replied 5 months ago
both back in BC.
Kids live with Father in Port Moody while mother lives in White rock. Even when the investigation were already closed, the restraining order is still in the temporary agreement. I just want to get this claused removed and how to go about it. How long is the process?
Lawyer: Ulysses101, Lawyer replied 5 months ago

Tell me more about the order. Was it out of criminal court or family court?

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Customer reply replied 5 months ago
Supreme Court of Canada, New Westminster Registry, Consent Order (Rule 21-1 Supreme Court Family Rules.BY CONSENT, that there will be no contact between either of the children and the Claimants( our son) parents further pending written agreement or order of the court.
Lawyer: Ulysses101, Lawyer replied 5 months ago

Does your son have a lawyer? When is this back in court?

And what was the basis for the restraining order?

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Customer reply replied 5 months ago
my son has a lawyer. When the restraining order was put in place there is still an ongoing investigation at
that time, the Surrey RCMP told me that they will close the file when Kellie( d in law) is notified. she was notified months ago, and still did not even acknowledge the request we sent her. I fell on deaf ears. what direction should I pursue and the length
of time it would take?
Customer reply replied 5 months ago
No dates were set to be back in Court. April the latest. according to the dates available.
Customer reply replied 5 months ago
Can we apply to the court for this consent order to be removed before their divorce. I believe she is using this Consent Order for leverage.
Lawyer: Ulysses101, Lawyer replied 5 months ago

OK, I'm going to tell you some things that you don't want to hear. But you need to know what I honestly think if I'm going to actually help you. I'm not helping you if I tell you what you want to hear. So I'm asking you if you're prepared for that, and I'm asking you to not shoot the messenger. Shall we continue?

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Customer reply replied 5 months ago
Tell me
Lawyer: Ulysses101, Lawyer replied 5 months ago

OK. Let's back off a bit.

Tell me about the investigation. Don't use details that will identify anyone please.

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Customer reply replied 5 months ago
18 months ago I was told that I was under investigation in Minnesota for inappropriately touching my older grandson who was 4 years old at the time. I was exonerated but when the kids went back to BC she applied to open same file to the rcmp which is now closed.
Lawyer: Ulysses101, Lawyer replied 5 months ago

I see that you opted me out but now that opt-out is removed. Shall we continue?

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Customer reply replied 5 months ago
Ok, I need to know what direction we are going
Lawyer: Ulysses101, Lawyer replied 5 months ago

I need to know that you're open to getting information that you might not like, and that you'll tell me facts rather than about how you feel.

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Customer reply replied 5 months ago
Can you represent me in court. Where is your location. I know what in the file from Minnesota. I need font have
Customer reply replied 5 months ago
I don't have the file from rcmp
Lawyer: Ulysses101, Lawyer replied 5 months ago

I cannot represent you in court. This site isn't a law firm. But when you give me more facts, I can tell you what I think about your situation and make recommendations.

I'm in Ontario. I'm a practising lawyer in Ontario, doing family work for nearly twenty years.

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Customer reply replied 5 months ago
What do you need
Lawyer: Ulysses101, Lawyer replied 5 months ago

I need more facts rather than hearing about how you feel.

Tell me what's been happening from the start, and don't use names or details that can identify anyone.

Specifically, I need to know if the child welfare authorities are involved. Unless you've been charged I don't care what the RCMP has to say.

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Customer reply replied 5 months ago
Child welfare in Minnesota sent me a letter that the allegation is unfounded
No , there are no charges laid in both jurisdiction. I dont want get upset. I just. Want justice served.
Customer reply replied 5 months ago
I am sick with a flu .so I cannot continue this dialogue
Lawyer: Ulysses101, Lawyer replied 5 months ago

OK, we can continue when you're ready, or if you like we can end it and I'll ask the site to refund your deposit. What do you prefer?

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Customer reply replied 5 months ago
Refund pls, I want to talk to a lawyer face to face. Thank you kindly
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