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Difference between revisions of "The Ministry Has Taken My Kids"
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The Ministry Has Taken My Kids (view source)
Revision as of 01:05, 24 November 2011
, 01:05, 24 November 2011→First steps
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== First steps == | == First steps == | ||
# If you need a lawyer but cannot afford one on your own, apply for legal aid representation. (See [[Legal Aid Representation]] in | # If you need a lawyer but cannot afford one on your own, apply for legal aid representation. (See [[Legal Aid Representation|Legal aid representation]] in the [[Resource Guide]] for information about applying for legal aid.) If you qualify, the Legal Services Society will appoint a lawyer to advise you and represent you in court. | ||
# If you don't have a lawyer, consider getting some legal advice. Child protection is a very emotional issue and difficult to face without legal advice and support. See if there is an advocate in your community who can help. [[PovNet]] (listed in the Resource Guide | # If you don't have a lawyer, consider getting some legal advice. Child protection is a very emotional issue and difficult to face without legal advice and support. See if there is an advocate in your community who can help. [[PovNet]] (listed in the [[Resource Guide]]) has a "Find an Advocate" feature on their website. As well, [[Duty Counsel|duty counsel]] can provide advice services. | ||
# Contact the Ministry worker who removed your child, and see if you can negotiate for either the return of your child or access to your child while in Ministry care. Take a friend or advocate with you when you speak to the worker. Make sure you have a lawyer review any agreement before you sign it. | # Contact the Ministry worker who removed your child, and see if you can negotiate for either the return of your child or access to your child while in Ministry care. Take a friend or advocate with you when you speak to the worker. Make sure you have a lawyer review any agreement before you sign it. | ||
# Within 7 days of removing the child, the Ministry must go to Family Court and explain to a judge why the child was removed and what their plans are for the child until the matter is resolved. Attend this hearing. Even if you can't convince the judge to return the child right away, you can ask the judge for access to the child. There is usually a [[Duty Counsel|duty counsel]] lawyer in Family Court who can assist you on the day of court. If your matter is called before you’ve had the chance to speak to duty counsel, tell the judge that you’d like to do so before proceeding. | # Within 7 days of removing the child, the Ministry must go to Family Court and explain to a judge why the child was removed and what their plans are for the child until the matter is resolved. Attend this hearing. Even if you can't convince the judge to return the child right away, you can ask the judge for access to the child. There is usually a [[Duty Counsel|duty counsel]] lawyer in Family Court who can assist you on the day of court. If your matter is called before you’ve had the chance to speak to duty counsel, tell the judge that you’d like to do so before proceeding. | ||