Ever been to family court? Need Help!!!

[DIPayton 10+ year member]

Probably askin why I'd come to a car audio forum for legal advice.... reason, I'm running out of time and posted this at a legal forum too... Need advice! I'm in Canada for college and know nothing about Canadian (and not much more for American) law.

I was just given something today asking me to appear at the Supreme Court of Nova Scotia... The first part of the notice reads "Take notice that the applicant, the Minister of Community Services makes application pursuant to Section 39(4)© of the Children and Family Services Act, for an Order providing that ****** and (myself), shall not reside with, contact or associate in any way with the child, ****** ***** ******, born Feb. 4, 2006."

I don't understand this; It's asking that myself and another person to not be allowed around a child. The other person is the father of the child, so I understand there could be some issues there.

My relation to the child goes like this... the child's mother, who is a drug user, came to see me for advice on how to quit using drugs and to help her with her addictions because she was close to losing custody of her child (already had the child taken twice and put into temporary foster care). I offered her some help; helped her for a little and then I found out she got addicted again. I didn't speak to her daily or even weekly by the time I heard this news so, I went to speak to her (the mother) one night (after not seeing her for abour 3 or 4 weeks) and she attacked me. I didn't think much of the attack (she pulled a knife on me but never used it, and she never hurt me), but she (the mother) reported it to the police. She was arrested and that case is still pending.

But my concern is... Why am I being treated like a criminal now? Can the courts say that I can't be around that child if I have never been of any threat or risk to that child? I am a full-time university student, work part-time at a program helping youth (ages 13 - 19) with drug addictions and I coach a youth (ages 13-15) basketball team, so I think I am decent around kids. I even volunteer at our kids hospital every year. (BTW, all look sweet on a resume!)

I know in the past, that the mother has said I have been the best person ever in her child's life (I do enjoy playing with, reading to her and so on..), but after she was arrested, I know she told people that I did things that weren't true. I never know what this girl says about me, and I am fine with not seeing the child if it is by the mother's choice, but this all seems strange. Is this something that appears on any kind of record? Can I fight this? Am I allowed to even request my own visitation time with the child despite not being of any relation to the child? I have 1 week to prepare for this and no $ for a lawyer and getting free legal aid that actually gets interested in the cases around here is impossible to find.

I plan to show up, but should I show up with a lawyer? Is it even worth it? And how can the court even do this? Do they need some kind of reasoning to prove I am a threat to the child?

sorry for the long post.... new to this stuff, any help would be much appreciated! Also, if it matters, I have no criminal record, never commited a crime as a youth or adult...

Click to read more...

 

[CrispedUp 10+ year member]

Interesting

 

[funkyab 10+ year member]

Like all other countries with a strong social system and welfate state, Canada has legal assistance for little or no fees for those that can not afford private attorneys.

Seek out the free resources and at least have a conversation or 2 with counsel.

You could also request to the mother that she withdraw the petition. Is that a possibility? You dont want this on your record especially considering your involvement with kids.

Sh!tty situation you are in.

 

[Rashaddd 5,000+ posts]

Kill her.

 

[funkyab 10+ year member]

Like all other countries with a strong social system and welfate state, Canada has legal assistance for little or no fees for those that can not afford private attorneys.

Seek out the free resources and at least have a conversation or 2 with counsel.

You could also request to the mother that she withdraw the petition. Is that a possibility? You dont want this on your record especially considering your involvement with kids.

Sh!tty situation you are in.

P.S. ""Am I allowed to even request my own visitation time with the child despite not being of any relation to the child?""

--Dumb Question

 

[WhoSayWho? 5,000+ posts]

The only thing I know for sure is that you do not have a right to visitation with a child who you are not related to in any way, lol. Why would you want that anyway?

Have you "worked" with this child through your volunteer work?

 

[DIPayton 10+ year member]

You could also request to the mother that she withdraw the petition. Is that a possibility? You dont want this on your record especially considering your involvement with kids.

Sh!tty situation you are in.

I don't believe the mother is even involved. from what the notice I was given says; the "applicant" is Minister of Community services and the "respondent" is the mother... and after the statement where it asks me to stay away from the child, it then says "And further take notice that a support of the application shall be read the affidavit of (person from community services) sworn to Dec. 15, the Affidavit of (the mother) sworn to Jan 5 and such other materials counsel may advise.

I am not sure, but I believe this is all a hearing that in order for her to regain custody of her child, she needs to agree to all kinds of situations and circumstances, and one of these things is that I will not be around her or her child...

 

[Rashaddd 5,000+ posts]

The only thing I know for sure is that you do not have a right to visitation with a child who you are not related to in any way, lol. Why would you want that anyway?
Have you "worked" with this child through your volunteer work?

I think he's training him to be a turrrrist

 

[DIPayton 10+ year member]

Have you "worked" with this child through your volunteer work?

I know it sounds stupid, but when I was helpin the mom quit using drugs, I babysat a lot and the kid's cool.... I hear she asks to see me all the time and just little things like that... I'd actually be ok with not seeing the kid, just feel like it's a letdown to the kid... What I was hoping was that I could get like 1 or 2 hours a week to just play sports or games or whatever with the kid because I feel bad that she has a drug addicted mom.

 

[lilmaniac2 5,000+ posts]

The courts will believe you over some crackhead, bring proof of what you do ( time cards, pictures of volunteer work, etc ) proof your are a stand up person like you say you are and the judge will tell the crack head to step off

 

[DIPayton 10+ year member]

The courts will believe you over some crackhead, bring proof of what you do ( time cards, pictures of volunteer work, etc ) proof your are a stand up person like you say you are and the judge will tell the crack head to step off

that's what I am kinda hoping for... But my only real concerns now are, 1. Is there a potential of having some kind of thing show up on a criminal record? and 2. If there is, do I need a lawyer?

If this is something that doesn't show u on any kind of record or anything ever again, then I'm ok with it and won't even waste my time on a lawyer...

 

[WhoSayWho? 5,000+ posts]

I think he's training him to be a turrrrist

That was my first thought, I figured he might get careless and let that slip.

I know it sounds stupid, but when I was helpin the mom quit using drugs, I babysat a lot and the kid's cool.... I hear she asks to see me all the time and just little things like that... I'd actually be ok with not seeing the kid, just feel like it's a letdown to the kid... What I was hoping was that I could get like 1 or 2 hours a week to just play sports or games or whatever with the kid because I feel bad that she has a drug addicted mom.

You need to learn to take care of yourself first. If everything you say is true, then this woman is very capable of dragging you into some real shit if she thinks it will get her off the hook for something.

That may already be occurring. If she is applying for custody to be returned to her then maybe she has had to explain her arrest with the incident with you and maybe, just maybe, she is telling them she was protecting her child from you.

Look into legal services and also try to get a copy of the court papers, including her affidavit that has been filed.

 

[Flipx99 5,000+ posts]

In America, they would rather the child be with a crackhead that is biologically related than a good person who is not. Why do you think people import Chinese children....far cheaper and far less red tape.

 

[WhoSayWho? 5,000+ posts]

The courts will believe you over some crackhead, bring proof of what you do ( time cards, pictures of volunteer work, etc ) proof your are a stand up person like you say you are and the judge will tell the crack head to step off

IDK, the courts tend to err on the side of protecting children. To be perfectly honest, I have my doubts as to whether we are geting the whole story.

 

[lilmaniac2 5,000+ posts]

that's what I am kinda hoping for... But my only real concerns now are, 1. Is there a potential of having some kind of thing show up on a criminal record? and 2. If there is, do I need a lawyer?
If this is something that doesn't show u on any kind of record or anything ever again, then I'm ok with it and won't even waste my time on a lawyer...

If you think your gonna be able to hang out with crack babies and children of problem homes and not end up in family court your in for a suprise. The nature of the work lends itself to problems with bad parents. Even if it shows up on some sort of record, you could easily explain it as a problem with a parent of troubled youth.