Oct 10, 2013 5:28 PM

A valid order would require a judges signature, and have to be served on the person it applies to.

unless the order was to the signatory on the lease in which case he is being ordered to evict the tenant that is not included on the lease.

I presume he does not have a clause under his lease that he may rent out rooms without the owners consent?

nothing was given in writing to either party, shouldn't there still be something in writing? As far as I know nothing was brought up about him not being on the lease...it wasn't a rental type hearing

what type of hearing was it?

but still refer to my first comment. ^^^

it was CAS not wanting him to live there anymore

then it is clear they are attempting to enforce their will upon him in order to get him to comply and submit to their authority.

yes

well then he has the problem because he rented a room and the sub renter has rights and can not be evicted without cause

So I see two choices for your friend, he has to say Yes or NO....

she doesn't want him to go..just the court does

So she don't want, and he don't want.....do I get it ?

both parties are happy with the arrangement...its the court who is ordering him to leave the premises

LOL :D

Why is this court intervened in this stuff on the first place ? :D

child services is involved...suggesting there is potential harm to the children for him to stay

ah.. as we all know the child is the ward of the state, so they have the jurisdiction.

..suggesting there is potential harm to the children for him to stay...IS THAT TRUE ?

it's not true what they are saying, but it is true that they are suggesting it

there is always room for improving relationships within families, but there is no proof of physical or mental abuse to date

to be clear Gail, the court is ordering her to evict him, not ordering him out.

ok so then it's on her...is there are requirement for a written order to her?

OK, but WHY they ended up in COURT ?.....it's like a fire without smoke to me :(

I'd say because they didn't rebut the allegations

And from WHERE these allegations came from ? :/

one of the older children went to CAS with unfounded allegations is my understanding

there is smoke there I'd say, but relationship building would be more of an answer then CAS.

Because blackmailing your parents is the in thing for todays youth, being taught in schools that they can solve all their problems with the help of social services. ;)

So, on the presumption the child is unsafe to live in the current conditions with this male friend of yours...

How is the child's safety deemed to be in jeopardy? and who is making that allegation?

If the order is directing the parent/guardian of the child to evict him, there is no need to serve your friend directly but certainly should receive an eviction notice and compensation upon exit as he is a victim of the circumstances.

To me, it sounds as though the court advised to remove your friend from the premises and as an ultimatum to be later assessed. Perhaps that is why there is no paperwork.

On the other hand, this could be BS to break the sublet?

Difficult to determine any responsibilities without more details.

that appears to be it exactly Andrew Lawrence people need tools for healing and building relationships not tearing them apart

Funny they do not tell the children that from the age of 12 they have the right of self determination, and that by calling on social services they are acting as surety and the injured party for the state.

Ok just got a bit more info, thank you all by the way for sharing, they are both on the lease to the home.

Dino Quiring the landlord is not involved in this at all as far as I know, both occupants of the home want to stay, it's the court who is ordering his removal from the premises. CAS made allegations that the children's safety is in jeopardy. Neither party rebutted the allegations and a presentation hearing happened. In that hearing the judge ordered him removed from the home for 6 months

Family court?

Why did they not rebut? If true they consented through acquiescence and silence.

yes to Dino Quiring and yes to Andrew Lawrence I think its the lack of knowledge and most of all fear is the reason they didn't rebut

I DO NOT CONSENT AND WAIVE THE BENEFIT... The child who filed the complaint will be removed from the home.

But they are counting on the mother not wanting to be separated from her child. Play one off against the other and create conflict where there is none or little making matters worst instead of better and assuming full control and authority over all the slaves involved.

The child who originally filed the complaint does not even live there...I think the situation was she was living away, got into financial trouble, came back home, made a complaint to CAS and moved out shortly after that. There are 2 still at home the oldest is 12...my understanding is the 12 yr old tends to be a bit defiant but told CAS she doesn't fear my friend ...she doesnt like his or her moms rules, but not fearful of being harmed

so it appears to be a case of the original child suggesting he will harm the other kids and CAS responded

"For the safety of child B, We will hold child B until FRIEND is removed from the home because child A said FRIEND is the cause of of the threat"?

yes but no children have been removed...the first child left on her own...the other 2 children are still in the home

So other than the words of Child A, there is no history, records or rapsheet to support her complaint?

Do you think that Child A is truthful?

that is correct

I only have one side of the story, and from what I hear there was abuse within the family unit with the children's biological father. There are challenges that need to be dealt with on an emotional level I think.

This does not sound like an order from the court. I sounds much more like an ultimatum. A condition, deal-breaker, to an contingent offer.

If I'm not mistaken, it was called an order by the judge, although as I've mentioned, nothing was given in writing to any of the parties involved.

If it is an actual order, there is paper. Have whoever the order is directing call the court to request a copy. There will be a lot more evidence to make a better determination at that point. Also, was there a discovery? The accusations of the complainant must be included and that may give some understanding? A transcript can also be requested, of course.

Being a child who was torn away from my hysterical mom in family court, contrived by Social Services, I can definitely relate but know I can offer little other than symbolic support.

They did receive something from CAS before the trial, but didn't rebut it officially ..which if we can learn anything from this, is we MUST rebut. That is a good idea, I will suggest that to her to call and get a copy.

One of the most important things I would think is getting a copy of the "statement" made by the daughter as this alone is the driving factor. Any false claims or inconsistencies in that statement may be exposed and force "their hand". Create a debunk list from "most damaging and untruthful" to "least damaging and hardest to disprove".

From that point, and this is where more of the TTFL crowd can chime in, I would think entering affidavits into the record, individually of the mom and Roommate or other supporters that will create the justice to doubt the original claim. Hopefully that would cause the justice to recant the order?

I agree, I mentioned to them that if you didn't rebut or create an affidavit, then the justice only sees what is in the court file, which would be the crowns allegations and that is what the ruling would be based on. I'm not clear on the process to get the justice to relook at the case, ultimately it's better to deal with this stuff before the hearing, but would think there is a way after the fact..in the words of ChiefRock Sino General contracts are fluid :)

Procrastination = snooze ya loose

That said, It sounds as though this case is open. Secondarily, appeals?

Every defendant has the right to full disclosure. (In Canada, for now anyways )

This is not a Canadian court, it is a local administrative tribunal held by CAS. They are paying for everything, the rental of the room the actors who will sit in judgment, the make believe officials and the security for the event. The whole being billed to the surety, the child who signed the complaint, and the parents who came to represent the defending / offending party.

Andrew Lawrence? Regardless of who flips the bill, the information must be there in record and must be available to the accused. Do you agree?