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FACS can keep an investigation open how long?

Friday, June 14, 2013 - Court - Canada Court Watch

Anyone know how long FACS can keep an investigation open? My daughter was kidnapped to the US by her mother (who wants sole custody)... to prevent me from taking her back to Canada, she made false allegations (of spanking) to FACS and in the US to get temp. protection orders preventing contact. CPS in the US determined her claims to be unfounded, that the child was fine, and they closed their case - but FACS won't close theirs until my daughter is returned and they can assess her in physical presence with me - the catch is, the US won't return her until FACS has closed their case - I have equal custody and my ex has been able to get away with this wicked nonsense for 3 months!!! I have not even been able to speak to my daughter in 3 months. Meanwhile, both my child and me continue to suffer... as does our whole family. It's mind-blowing that people can get away with this and the bureaucracy is this bad.

you need to get a court order obliging her to come back to Canada with the child. This will need to be done in family court and it would be considered child abduction by the mother. Get both child protection agency to write you a letter explaining the situation and walk into court with it. A spanking is LEGAL and CAS cant say a spanking is a Child Protection Concern UNLESS marks were left.

I would contact Ombudsman, MPP, and police as well, you want new court order to state police enforceable as well

I actually did get such an order that the child be returned and that the police of the relevant jurisdiction are empowered to locate, apprehend and return her to me. But the American judge wants us to vacate that order before any possibility of my daughter being returned. Because the mother was able to get those protection orders before I got mine, I have not been able to use them... and she has tried to claim this as a "protection matter". I have never spanked my daughter and CPS confirmed that there were no marks at all on the her body... but my ex is claiming that she believes it's "excessive corporal punishment" ... in other words, many spankings - even though she never once asked me about any of this, and two weeks before she did it, my daughter said to me "Daddy, please don't leave me... don't ever go away, k?" When I asked her why she thought I was going away, she told me that Mommy told her that I was going away forever to jail. My child is only 3 y.o.... so she can't properly articulate that what her mother has said is not true. My daughter didn't even know the word "spanking". I'm so at a loss as what to do. I have the Hague involved, but nothing has come of that so far... as for the Ombudsman, I wouldn't know which one to contact. Can they even handle matters concerning FACS? This whole situation is tearing me apart, and I know it's profoundly scarred my daughter.

hmmm not to sure about the American laws, but I would contact the embassy and the government here and there with your situation. MPP Monique Taylor might be able to assist in this matter. Anyone else have any other ideas?

that's what complicates the matter is the US/International aspect. But as far as I know, the US recognizes Canada as they would another state, and they respect our custody orders just the same. He claimed emerg. jurisdiction for the protection matter... because the original orders were made here in Ontario and they're in Buffalo, NY. Since his own CPS has determined no protection concern, by law, he has no right to still claim emerg. jurisdiction - but he is based on the fact that the Canadian counterpart has not completed their investigation (which they can't because my child is not here and they don't have jurisdiction). By all accounts, the American judge is acting outside of his authority and jurisdiction, and has not acknowledge the Article 16 letter that states he cannot make decisions on the rights of custody whilst the Hague is ongoing. It's one gigantic international mess... all for nothing - where the greatest accusation is "spanking" - so, without me even having an opportunity to defend myself or be served papers, they immediately gave her temp. sole custody and a restraining order, preventing me from contacting my daughter and ex (she even tried to get one for her dog!). She has quite a list of psychiatric disorders, needless to say. It just floors me that she can do this.

I would go to the newspapers with this story as well, they can keep your names out of articles, I would contact American AND Canadian media

worse they can do is say NO and similar cases like this HAVE been published before (of course in accordance with section 45 and 85 of the CFSA)

also, because there is NO court proceedings with CAS here in Ontario I don't think sections 45 and 85 would even apply

Ask Canadian courts to allow media attention to case

Thanks for all your help. I have considered the media, but I'm also involved with a missing children's association, and they have recommended at this stage not bringing in the media... concerned that it may harm the child and that it may provoke the mother to do another drastic act. But somehow, this needs to get out and out to the right people who can make waves.

I would also ask FCAS to close the investigation due to fact spanking is NOT a child protection concern as per their manuals. Once they receive a letter from American CPS they should be able to do this. Always record all convos and ask for everything in writing. The more evidence you have the better, and I would defo involve some international agencies if possible

investigations are mandated to be completed within 30 days as well according to their manuals

They have let this case run since the end of March! They know about CPS closing their file... and here, they're terming it "inappropriate physical punishment" ... to avoid just a spanking claim. It doesn't seem like any agency is acting within boundaries of law and reason.

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