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Mother Saves Baby

January 16, 2013 permalink

Kimberly Symonds, mother of a four-month-old son and a five-year-old daughter, started a Facebook thread on January 10 about the threat to her family from FACS Niagara. Caseworker Michelle Toy wanted her baby but not the older girl. Several CCW members offered support and advice. The case against Kimberly was dismissed by judge Marten on January 16. A selection of postings is enclosed.



Kimberly Symonds

What action can I take agents FACS for harassing me just for having a new baby?

they said that they have had 4 calls on concern (which are not legitimate concerns) and now they just open a case file on me.. I told her she was not coming back in my house unless she had a legitimate concern or a court order!

I now go 2 court on Tuesday!

But all for concerns are. BULL SHIT!

Kimberly Symonds Ok so these are the concerns... 1st was that I was not involved in the Healthy Babys program (throw public heath) when I was 8 months pregnant (which its when the public heath nurse comes and see you AFTER the babys born)

2ed was when my son was 7 weeks old he suposidly was facing the wrong way in the tummy snuggely (which even the worker said she had never heard of)

3rd was when he was 3 months I brought him on a family vacation. To an indoor waterpark and we had him in lazy river and he started 2 cry when he got splashed!

4th was he had a blocked tear ducked for 13weeks... The concern was supposedly that I was not addressing it... But he had been to 3 different dr's about it! (It has since when away!)

Kimberly Symonds trust me i know.. they should not be involved but because my son is only 4 months old its all $ to them cause they get more $ for every open case file they have and even more when it involves newborns....(so i am told)

Kimberly Symonds They r asking for a 6months supervision order because their has been 4 calls of "concern"..... I don't want 2 put up with them for another minuet lit alone 6 more months....... I have done NOTHING wrong!

These are NOT legitimate child safety concerns!

January 11 at 1:06pm · Like

Brenda Larson I smell a rat. And I hardly believe that anybody would even call on those BS situations. I think that the real BS will come out in your affidavit. When you get your affidavit go through it immediately and do a rebuttal immediately. Anything that you can get witness or letter of reference for get it immediately and submit it to the court. In the mean time don't talk to them and don't allow them in your home unless they have a warrant. If they want to communicate with you do it in writing only. CPS are just like Police. They say they are just wanting your side of the story and all along they are using every little tid bit to build their case against you. It just never ends because that is how they make their money.The more they get into the system the more funding they get.

January 11 at 1:32pm · Like · 1

Kimberly Symonds Their is a bit more BS in the affidavit.. But its all the same shit!!! But nun of the reports are about the tummy carrier or the public health nurse.... Instead they focus on me having him @ Great wolf lodge and him getting wet their! And about how I choose 2 breast feed him in bed & night.... I'm sorry but ALL breast feeding mothers do that!

January 11 at 3:00pm · Like

Kimberly Symonds The funny thing is the supervision order is only for my 4month old son and Not my 5yr old daughter!!!

& the worker has it in their that SHE BELIEVES my son WILL be injured being in my care cause I brought him 2 Great Wolf Lodge!!!!

January 11 at 3:02pm · Like

Chris Carter very first thing you'll need to do is take a big step back from the negative emotions you're experiencing right now.

judges are easily irritated and they don't care if you think the calls are BS. all they care about is: "has the CA$ met the legal threshold of proving that there are reasonable and probable grounds to believe that the children are in need of protection?"

if you go in front of the judge and start talking about "this is BS" the judge is going to be prejudiced against you. you've got become more like a robot devoid of emotion and just focused on the facts and legal technicalities. no emotion.

even though it is BS, instead of taking it so personally try to look at it like the worker has a job to do (protect children) and that unfortunately in this your case they've just made a mistake and that despite the calls, your kids aren't in fact in need of protection.

and then you unemotionally set about proving that.

just focus on accomplishing very specific goals one at a time:

1. set up an email account in your name and get the email addresses of the worker, the supervisor and the lawyer.

2. send them an email claiming your right to full disclosure to any and all records, notes, business records of any type, etc...which have been created re: their case against you.

3. if you have time today, bring their affidavits against you into the local courthouse and claim your right to the enhanced duty counsel program and get that duty counsel started on writing a response and a Plan of Care. start today and maybe work on it over the weekend and then get back in there on Monday morning first thing to finish it off.

4. the duty counsel will explain to you how to get the response and Plan of Care sworn, served and filed so that at court on Tuesday the duty counsel can argue on record that the supervision order they are pursuing against you can't be lawfully ordered.

Kimberly Symonds I just wanted to say Thank You to everyone who Gave me advice in this matter, so Thank You

I had my court case yesterday & after 5.5hrs of weighing the Judge throw it out of court based on insofishent evidence

The funny part was after the judge dismissed the case my worker stood up and said 2 the Judge "so am I Still allowed 2 go 2 this family's home?"

The jude gave her a funny look and said that the case was Dismissed which ment NO follow up by the Worker!

I am so Grateful that this BS is finely over with!

Chris Carter who represented you in the hearing Kim, or did you represent yourself?

this is actually quite a big and significant victory and once you have some time and if you're comfortable with doing so, we'd really appreciate a full debriefing of the hearing which we could then editorialize and forward to for possible posting.

let us know.

Kimberly Symonds I self represented I guess

But on Mon I went to a free Family Law Clinic and the Lawyer I spoke to reviewed my papers and helped me fill out my plan of care, then to my luck on Tues he was the Duty Conceal at the court house... I owe this man a huge thanks!

He started off by pointing out to the judge that ALL the complaints agents me were ANONYMOUS! And that if we ever went to trial then CAS would have NO witnesses to back up their evidence!

That was a big part of Y I won!

& I would be happy 2 give an interview or email 2 you if it helps even just 1 more family get away from these monsters!

Kimberly Symonds Welland court house,

Judge Marten

And worker is Michelle Toy of FACS Niagara

Source: Facebook, Canada Court Watch