Ontario CAS Dirty Tricks
There's a knock at the door, it's after dark Wednesday and we weren't expecting anyone. We're a bit worried it's the worker wanting to come in again. We go to the door, it's a same day courier and he wants us to sign. We've been served.
We have to respond to the worker's concerns, swear in the responding documents and serve them before the end of that coming Friday. Two days to do what lawyers take weeks to do. We have a little over a week till the first appearance.
My wife starts reading, telling me here and there what the worker was claiming. I wake up early Thursday morning, piles of papers are scattered everywhere. It’s now 3am Friday morning, all the piles of documents are in one folder and ready to be copied. One copy for us, one for the worker and one for the court. Now it’s 6am Friday morning, we're up getting the kids ready for school. We drop them off on time and rush for the court house in Perth.
We park at the court house and walk up to the door. The court is closed. It's Remembrance Day. We can't serve our responding materials if we can't swear them in. My wife gets an idea and we're off. I think we're dead in the water. The judge won't listen to anything we say unless that paper work is filed, not even why it wasn't filed on time. The court assumes without that paper, the family isn't contesting the claimed concerns of CAS even if you vigorously contest the court's assumption.
We go to the lawyer's office that is acting as an agent for the Kingston Rapid Response Worker, Sun Wai, and explain the problem to him. He was an extremely understanding and helpful gentleman. A real credit to the profession and Barker Wilson Law Firm.
We learn there may be a paralegal working in another office down the street that could swear in our responding materials. There was, we swore and we served, then raced back to pick our kids up at school just in time. The following Monday we filed our responding materials with the court in accordance with all the rules. T's crossed and I's dotted. My wife is slightly amazing, sometimes, but don't tell her I said that ;)
One and a half days before our first appearance in the family court, former FCSLLG board member Craig T. Rogers agrees to represent us after hearing our story.
T'was the night before first appearance and all over the house, the kids were still stirring, though the sun had gone down, when suddenly there came a tapping, as if someone gently rapping, rapping on our modest door. “’Tis some late visitor,” I muttered to my wife, “tapping at our door. Only this and nothing more.”
It was the same day courier again, imagine our horror. This time though, we weren't being served. It was a letter signed by Kingston's rapid responce worker, Sun Wai herself. In the letter, she attempted to explain that not telling us what her concerns about our children were, were a part of the Kingston CAS's anti-oppressive policy and that knowing what her concerns were would place too much pressure on us, the parents. She had assumed we were uneducated and wouldn't see the letter for exactly what it was.
We arrived early, showed Craig the letter and walked into the courtroom, hoping to be heard. The CAS lawyer already is there and seems to recognize Craig standing next to our chairs. I assume they've seen each other in the courts. She asks why he's here and before he can answer she asks if he's there to represent us. Craig confirms that he is. She appears disturbed and unsettled for a moment and then tells Craig this will be a very short retainer for him. She doesn't seem to want to be Mr. Rogers’ neighbor. A few minutes later the Judge appears and the show begins.
The CAS lawyer speaks first, complaining we hadn't informed Kingston CAS that we had managed to retain, in the very short time they'd given us - legal representation. She then begins to slander my wife and I for awhile, referring to us as the "author's of our own misfortunes," who were currently facing lengthy jail time. Then after a moment to pause, she informs the Judge that the society no longer has any concerns and they were withdrawing both the motion before the court that day and the still up coming application for a protection order, saying that a photo of a repair to our back deck justified their sudden decision to withdraw, though they had been making long range plans for the care and disposition of our children - again, only a few hours before. But only withdrawing after becoming aware we had managed to get the required documents filed with the court on time and after the Kingston CAS lawyer saw Craig walk in beside us.
The Judge is content to walk away until Craig speaks up, he begs and pleads with the Judge to read our responding material and explains a little about recent events, and the difficulties my wife and I had to go through to file our paperwork on time to meet the court's dealine and passes the letter the same day courier had delivered only hours ago to the court clerk who passed it to the Judge. Craig asked the Judge to consider ordering the CAS to pay our legal expenses. The Judge's eyes widen as he looks from the letter back to Craig. To make a long story short, he did read our response to the society and he did order them to pay about 30 minutes later.
The CAS lawyer tried to argue the order was unfair (imagine that) then grabbed her stuff up and she and the worker Sun Wai were gone with their tails between their legs before we could leave the courtroom. It was a very good day. Not too long after, we dropped a small gift off to that Paralegal. If he hadn't been there, the CAS would in all likelihood be in possession of our children now.
Another trick they might use is false copyright claims when you post videos on YouTube exposing who they truly are. YouTube reinstated the video linked below, (The Kingston Video, Due Process Denied) after the Kingston CAS were unable to respond to our counter claim.
Rogue babysitters with fascist attitudes, abusing the public trust with 1.5 billion dollars of your tax money, to spend on their private non-profit corporate expense accounts.
Watch : The Kingston Video - Due Process Denied.
Lots more details below the video.
Please read these related articles for more background:
PARENTS THANK SMITHS FALLS POLICE AFTER MISSING SON FOUND SAFE.. A PDF of the reasons given for the denial for information by the Smiths Falls police is now located at the bottom of the article.
The letter linked above was sent to local media after our two-year old son was found safe. They picked up the story which can be read here.
The following article is a true account of a child protection hearing for a motion made against us, the parents. This case is a bit unusual as the child protection agency is the complainant in a high-profile criminal court proceeding against the parents. To avoid a conflict of interest, the agency contracts the investigation to a sister agency. More background info, including cited letters, can be found on the author's page.
Please visit http://kelleyandderek.com/ to learn more.