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I had my granddaughter placed in my interim care back in…

I had my granddaughter...

I had my granddaughter placed in my interim care back in 2015. I need to know what to do to put her back into the mothers care?

Lawyer's Assistant: I'll need to know a bit more before we can address your question. What province is your granddaughter in? It matters because laws vary by location.

Ontario

Lawyer's Assistant: What steps has she taken so far?

None

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

No that's all, thank you

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Customer reply replied 4 years ago

Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.Let me know if you need more information, or send me the service offer(s) so we can proceed.

Answered in 26 minutes by:

3/5/2019

Lawyer: Ulysses101, Lawyer replied 4 years ago

Ulysses101, Lawyer

Category: Canada Law

Satisfied Customers: 6,163

Experience: 11 years experience in Canada family law, plus criminal, civil, and employment

Verified

Hello, thank you for the question. To start, I don't do phone calls because the site isn't a law firm and it's based in the US. It's better for you to have this all in writing anyway.

Can you tell me more about what's going on? For instance, is the child still with you? How old is the child now? Is the mother in the picture at all? Are you the maternal or paternal grandmother? You say "placed with" so I assume it's a CAS case? If so, is the child placed with you as "kin-in-care" (a foster care placement) or under a supervision order as a family placement?

Customer reply replied 4 years ago

My granddaughter was put in my care back in Feb. 2015, until my daughter could work on some issues. My daughter now has her back living with her since last June. The children's aid society is aware of this and are in support of them being back together. My granddaughter is 11 years of age and chooses to be her mom which i a am in support of.
The legal document stated that my granddaughter was in the interim care of me and everything shall be at my discretion.
My daughter needs paperwork supporting that I put her back in her care. I don't know where to go from here.I am the paternal grandmother. The papers quote "The child Deseree is placed in the interim care of the maternal grandmother Darlene Joles acess shall be at the discretion of the gramdmother."That is all the court papers state.

Lawyer: Ulysses101, Lawyer replied 4 years ago

I see. Are you a party to the litigation? Is your name on the front of the Status Review Application as a Respondent? Maybe you're "entitled to notice"?

And does the child have a lawyer through the OCL?

Customer reply replied 4 years ago

no the child never received a lawyer. it was a consent endorsement or a consent or minutes of settlement,

Lawyer: Ulysses101, Lawyer replied 4 years ago

Are you a party to the action? Are you Respondent? Were you personally served with the recent documents?

Customer reply replied 4 years ago

My name is ***** ***** the temporary order, it was for cc or final order. only the parents names are ***** ***** court papers. mine only came in care and custodyat the temporary order at the bottom. I did not receive a stamped final paper and C.A.S and I have spoken and they do not have any paper work what so ever.it only states that the child is in a stable placement with the maternal grandmother.i never got served with papers, and am not a respondentthe C.A.S. and maternal mother and father were the respondents. She was just place in my interim care at that time. That's all the papers say. I am the other person

Customer reply replied 4 years ago

are you still there?

Lawyer: Ulysses101, Lawyer replied 4 years ago

I'm here. I know that this is set up like a chat, but I'm up and down from my computer. I'm not a site employee. I'm a lawyer in private practise. I'm at court right now on some CAS matters, in fact.

So have you seen the Status Review Application? What order is the CAS seeking? Placement with the mother rather than with you, or still with you?

Customer reply replied 4 years ago

oh ok im sorry I didn't realizeC.A.S. was seeking to have my granddaughter with me until matters were straightened out with my daughter. C.A.S. are now in support of my daughter and granddaughter living together. They are stating that their is no open case that all is good.There is no other paperwork and as I said C.A.S. has no legal documents at all from that court date on Feb. 9th. 2015. The paper work seems to have disappeared with C.A.S. and I just have a very messy consent endorsement with a lot of scratching out. No stamp from the court. So I'm lost as to if I have to do anything at all.My Daughter is doing great with my granddaughter and as I stated C.A.S. are in favor of the two being back together at this point and feel that there is no reason for them to have an open file. So here I am a very confused grandmother..

Customer reply replied 4 years ago

C.A.S. is not seeking anything, regarding the placement of my granddaughter. There is no Status review Application.

Customer reply replied 4 years ago

I just need to know if I have to do any legal paper work to state, that I have put my granddaughter back into my daughters care. I have done so at the discretion of the myself as stated in the court document. I just don;t know where to go from here.

Lawyer: Ulysses101, Lawyer replied 4 years ago

Your daughter needs to go to the court and look at the file, and/or call the CAS legal department, for a copy of the order that was made. You won't be able to get access to those records unless you're actually a Respondent.

It sounds to me that the child was placed in your custody, as in you have custody in a family court order with access at your discretion, and the file was closed. If you want to change that then someone will have to bring a Rule 15 Motion to Change that order. But first off, get a copy of the order. Then someone let the CAS know in writing that you're going to try to change the order so that mother has custody, and if CAS has any concerns with that to reply in writing. That's usually how these things go.

Does that make sense?

Customer reply replied 4 years ago

Ok I will give that a try, thank you!

Lawyer: Ulysses101, Lawyer replied 4 years ago

You're welcome. Occasionally, orders for custody that last beyond the CAS proceedings are made, back then under Section 57.1 of the CFSA. We call them "fifty-seven one Orders", that's what your daughter is looking for.

If we're done for now may I please have a positive service rating? Ratings are how I get paid by the site for helping its customers. I'd appreciate it because I like getting paid. You can still come back to thread later if you have followup questions.

Ulysses101, Lawyer

Category: Canada Law

Satisfied Customers: 6,163

Experience: 11 years experience in Canada family law, plus criminal, civil, and employment

Verified

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