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SWAT Team Grabs Baby
April 30, 2008 permalink
Here is a CAS experience posted to Canada Court Watch by a man using the screen name PapaJohn. In another post, he indicates that he is dealing with the Hastings Children's Aid Society. This relatively small CAS has been generating a lot of complaints recently.
Posted: Tue Apr 29, 2008 2:33 pm
Subject: Need input...
OK, without going into as long drawn out story here I will just state pertinent facts pertaining to the question.
Since November of 2007 my family has been involved in a huge nightmare perpetrated by the Children's Aid Society (C.A.S.). They stormed our home (yes STORMED as if they were raiding an Al-Qauaida strong hold) with about 10 regular police officers and also the Tactical Response Unit (S.W.A.T. in the states). They ripped my grandson out of our home and away from his father with absolutely no legal or logical justification. Our grandson lived here in our home with our son and his mother for the first five months of his life and he was happy, healthy, and safe here. Due to a completely ridiculous argument my son's ex started simply because she could not go to a talent show because of no tickets being left, and her blaming our son for it who had absolutely nothing to do with it, the girl left our home stating she was taking the baby to a doctor's appointment. We later found out there was no doctor's appointment, she just used that as an excuse to take the baby and leave and never come back. Since she left my son's ex had been abusing his legal rights as a father and refusing to allow him access to his son. For close to a month our son had no access to his son because of this girl. My son finally called their C.A.S. worker and spoke to her about the situation. The worker did help him get a visit with his son. However, before the visit the child's mother told our son that once C.A.S. was out of the picture he would never see his son again because "he is just a father and fathers have no rights". Those were her exact words. So when we finally did get him for a visit at our home we decided to put an end to her abuse. We refused to allow her to take the baby back to her home and informed her that our son would be keeping custody of the child in our home (where our son lives). We told her that she and her family could come and visit the child any time they wanted but until there was a court order in place they would not be able to take him out of our home. This is completely legal in Canada. In Canada the law is very clear that if there is no court order for custody then either parent can keep the child in their custody and there is nothing the other parent can do until a court order is in place. Our son went to the court the day after his son came back into his custody and filed for custody. Four days after this C.A.S. showed up at our door asking our son to hand the baby over so they could take him back to the mother. Our son, in accordance with the laws, refused to do so and informed the worker of the mother abusing his rights (this wasn't actually informing the worker it was reminding her as she knew for weeks what the mother was doing but didn't do anything about it). Our son also reminded the worker of the environment in the mother's home. The mother and her parents and friends smoking pot in the home around the baby all the time, a pedophile (that C.A.S. knew about) living in the home dating the mother's sister. Her uncle being constantly in care of the baby even though he has already been charged and convicted of murdering his own child. Etc.... The C.A.S. worker just waved off all these concerns and said the child needed to be with his mother. Well, my son informed the worker that the child also needed to be with his father but the mother was abusing that. He informed the worker he was totally willing to be fair to the mother regarding custody but until a court order was in place to protect his rights as a father he was not turning the baby over. The worker tried to use a lame excuse that the mother was enrolled in a program called Abigail's. This is a place for mothers and children to go to during the week days where the mother is supposed to learn parenting skills and the child can interact with other children. However, what actually happens there is that the mothers sit around all day gossiping and hanging out while many of the children are abused by some of the older children there. Abigail's does not allow men to attend so by law C.A.S. can not use this as a legal or logical reason to take the child and the worker knew this so ended up leaving empty handed.
The worker returned the next day to take the baby and was again refused. This time she tried to claim our house was not clean enough for the baby. My son invited her in to inspect the house and had reminded her that she had already been in the home several times and knew it was in fact clean. My son also told the worker if she was so concerned about it then she could come every day to inspect the house and the first time it was not clean enough or safe enough for the baby she could then take him back to the mother. Defeated again the worker again left empty handed.
The next day the worker shows up yet again. This time she tries to claim that we still have animals in our home. The baby was diagnosed with allergies to dogs and cats about a month before this. However this diagnosis is in question since the doctor who made the diagnosis is the same doctor to diagnosed the mother's symptoms of missed periods, nausea, throwing up, sore breasts, and constipation as being a bowel problem. The mother ignored everyone elses advice to get a pregnancy test done because of her symptoms being those of pregnancy. Finally, six months later and after gaining some weight and getting a belly, the mother asked the doctor if the bowel problem had caused her to gain weight and a belly, and FINALLY the doctor did a pregnancy test and indeed she was six months pregnant. However, despite our doubts regarding the doctor's diagnosis of allergies in the baby, who showed absolutely no signs of any allergies (the doctor based the diagnosis on simply what the mother told him about the baby having puffy eyes, a rash all over his body and sneezing all the time. Symptoms that not even her parents or other family members saw nor anyone else saw), we still got rid of our two cats and a dog. This allergy story was just the mother's excuse for trying to keep the child from our son. However, as stated the C.A.S. worker tried to say they were still in the house. So my wife called the humane society and gave them her name and asked if they remembered her being in there about a month ago. They did indeed. My wife handed the phone to the C.A.S. worker and asked the humane society worker to tell the C.A.S. worker why she was there a month ago. The HS lady told the worker that my wife had brought in two cats and a dog and described the animals to the worker and told her the animals were still there. Once again the C.A.S. worker was defeated and left empty handed.
About two days later the above mentioned storming of police and C.A.S. workers happened. When they entered the home, after violently shoving my son down for no reason, one of the officers said they had a warrant to apprehend the baby. I told the officer I wanted to see the warrant and I was immediately, and brutally attacked by the officer and told I was under arrest for obstructing a peace officer.
My son then informed the C.A.S. worker that he had already filed for custody and he was well within his rights to keep the baby. He then asked why they were taking the baby and was told it was none of his business.
The next day our son was served with court papers. It was C.A.S. application for a protection order for the child. Our son's court date for custody was in one week. The C.A.S. court date was in three days. In effect, the C.A.S. illegally stuck their nose into the middle of a legitimate custody case. There was an affidavit by the C.A.S. worker attached to the C.A.S. application. As we read it we found out the reasons C.A.S. used to obtain their warrant. They were falsely accusing me of being violent and a danger to the baby. They have absolutely no evidence that I am violent or a danger to the baby because there is no evidence to be had. In fact the C.A.S. worker even admits in one of her affidavits that she spoke with the mother of the baby and her family and they told her they have known me for years (I have known the mother's mother since I was about 6 years old and I am now 42) and they have never known me to be violent and that in fact I a great with children. This information/affidavit comes FIVE MONTHS AFTER they obtained the warrant. Our family's glaring question is why did the C.A.S. not do this investigation BEFORE obtaining the illegal warrant based on fraudulent statements by the C.A.S. worker???? This past Friday I spoke with the Manager of Children's Services at C.A.S. about this worker and her lies. The Manager told me that the C.A.S. has in fact changed their minds about me. That after six months of this worker submitting affidavits to the court filled with lies about me being violent and a danger to the baby, that they spoke to many people, including the mother of the child and her family and our neighbors they have discovered that I am in fact not violent or a danger to any child let alone my grand son and that in fact I am very good with children. Again... Why did they do this investigation AFTER obtaining an illegal warrant and after ripping this child from the only home he knew for the first five months of his life?????? Exactly what evidence did this worker take to the judge who issued this illegal warrant?????
Now, as if all this was not bad enough.... The C.A.S. worker has submitted four affidavits full of lies to the court. The court appears to be swallowing all of these lies. However, we have come into evidence that not only proves this C.A.S. worker has been lying all along but that she has also been in collusion with the mother and her lawyer against our son. We have video tape and audio tape evidence that proves all of these lies. However, when our son went to submit a new affidavit with this evidence he was told by his lawyer that the court is refusing to accept any new affidavits. However.... Since the date the lawyer told my son the court is refusing any new affidavits this C.A.S. worker has been allowed to submit TWO new affidavits!!!!
This is completely unfair. The court is preventing my son from defending himself and our family from the lies of this worker. Now, I have been told by several people that this is not right. That my son has a fundamental legal right to submit affidavits in answer to this worker's affidavits. However I need to know for a fact if this is the law. I also need to know which part of the law it falls under (which paragraph and section of the law, and which law it falls under) for when we present this to the lawyer and the court in order to get them to allow our son to submit his answers.
I have looked all over the net, found the Family law act, the family law rules and such but can't seem to find anything specific that we can use as hard and fast law.
If anyone could help me out in this, if someone could post me a link to this information it would be greatly appreciated.
Also, I spoke with someone, I won't mention their name unless they wish to come forward here themselves, who suggested that my wife and I apply for custody of our son's son. Now, we have just had our case closed with C.A.S. about a month ago as they are satisfied our family is fine and there is no need for C.A.S. involvement but my son's case with his ex and his son is still open. I was just looking for some advice or input on whether it would be benificial for my wife and I to seek custody of our grand son.
Thanks in advance for any help.
Source: Canada Court Watch forum