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Strategy that people can use to respond to reverse a wrongful removal

Monday, March 13, 2017 - FamilyCourt - Papa Inbc - Canada

Parent successfully reversing a child removal


Here is a general purpose legal strategy that people can use to respond to reverse a wrongful removal. In this case, the focus was not on "risk" to the child, but rather the strength of the evidence, that if believed, would result in a finding of child in need of protection, thus validating the removal. In this case, the evidence was NOT sufficient.

This is important, because most of us are familiar with the fact that very rarely, is the evidence at the removal stage strong enough to serve as admissible evidence. Instead, the social workers preoccupy themselves with manufacturing new evidence through PCA reports, supervised visit notes, cooperation with the agency, participation in parenting programs, and noting how well parents bend over to accept unlubricated objects shoved up their <insert your guess here>'s.

More importantly, in this case, the so-called child protectors appealed, and they lost on that appeal. Note that typically, Provincial decisions that work in favour of parents are not published, which is what happened in this case.

It is only because of the appeal that we see a rare example of a parent successfully reversing a child removal AND successfully defending an appeal.


Read case here:
canlii.org/en/bc/bcsc/doc/2014/2014bcsc4

or click the image

 

 

 

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