Ask Me Help Desk - Can I regain custody of my kids after signing my rights away?

I'am a mother in Nova Scotia and In 2006 I unknowningly signed my rights away to a women I thought I could trust. The Children's Aid were in the process of taken my girls from me because of my substance abuse problem and This so called friend offered to take them both and keep them together so since the girls were going to be placed in foster homes I said yes to her offer.I'am a recovering alcoholic and have been sober for almost two years and also fighting this women for vistits to see my kids for years. I have been urine tested and it has come back negative every time I did it. I was not in my right frame of mind when I signed the papers,and I want my kids back now

What did you sign? Was this done in front of a judge?

Quote:

Originally Posted by Wondergirl

What did you sign? Was this done in front of a judge?

Actually it does not matter in Canada in that case.

Canadian law is different than American law.
I understand the children have been in that friend's care for five years,thus in the eyes of the law that friend is a lawful parent.
Nova Scotia Children and Family Services Act.
3 (1) In this Act, r) "parent or guardian" of a child means (iii) an individual having the custody of the child, and
Interpretation of Sections 67 to 87-(f) "parent" of a child means (iii) an individual having custody of the child,(iv) an individual who...has stood in loco parentis to the child.

I am afraid of the fact that friend may received permanent custody.

Duration of orders
45 (1) Where the court has made an order for temporary care and custody, the total period of duration of all disposition orders, including any supervision orders, shall not exceed
(a) where the child was under six years of age at the time of the application commencing the proceedings, twelve months; or
(b) where the child was six years of age or more but under twelve years of age at the time of the application commencing the proceedings, eighteen months,
from the date of the initial disposition order.

(3) Where a child that is the subject of an order for temporary care and custody becomes twelve years of age, the time limits set out in subsection (1) no longer apply and clause (c) of subsection (2) applies to any further orders for temporary care and custody.

If that's friend has permanent custody, then it is OP's burden to convince the court that OP is better custodian and it is in the best interests of the children the previous order to be set aside which is a very hard task. "I am sober"/ after child abuse/ is not so convincing evidence.
3(a) the importance for the child's development of a positive relationship with a parent or guardian and a secure place as a member of a family;
(b) the child's relationships with relatives;
(c) the importance of continuity in the child's care and the possible effect on the child of the disruption of that continuity;
(d) the bonding that exists between the child and the child's parent or guardian;
(e) the child's physical, mental and emotional needs, and the appropriate care or treatment to meet those needs;
(f) the child's physical, mental and emotional level of development;
.......................
(j) the child's views and wishes, if they can be reasonably ascertained;
(l) the risk that the child may suffer harm through being removed from, kept away from, returned to or allowed to remain in the care of a parent or guardian;
(m) the degree of risk, if any, that justified the finding that the child is in need of protective services;
(n) any other relevant circumstances.

The battle will be " Parent v. Parent" and "I want my kids back" has to be read as " I want to be designated as the primary custodian of our/ my and my friend's/ kids.

Good or bad... that's the law.

Quote:

Originally Posted by sourgrapes24

In 2006 I unknowningly signed my rights away to a women I thought I could trust. ... I was not in my right frame of mind when I signed the papers,and I want my kids back now

Bottom line is you need an attorney. A local Family Law attorney will be able to read what you signed, get info about your competency at the time you signed and know the local law. Such an attorney can judge whether you have grounds for getting the children back.

However, based on the law as GV posted, it appears to be a long shot.

Honestly-I am worried about OP's possibility of regaining custody... I noticed that "Duration of orders shall not exceed twelve months /eighteen months/.The first order was issued five years ago, and there has to be several orders /from 3 to 6/,which leeds me to think that friend was awarded with permanent primary custodian rights.

Quote:

Originally Posted by ScottGem

Bottom line is you need an attorney. A local Family Law attorney will be able to read what you signed, get info about your competency at the time you signed and know the local law. Such an attorney can judge whether you have grounds for getting the children back.

The bottom line is:
1. The OP was charged with child abuse.

Quote:

Originally Posted by sourgrapes24

Itrust. The Children's Aid were in the process of taken my girls from me because of my substance abuse problem

The children would be removed notwithstanding what she signed or whether she was competent at that time.The Children's Aid in Canada is same as the Child protective services in the USA.
Another disturbing fact is the Canadian Legislature passed statutes where it is said that a person becomes a PARENT under some conditions, i.e. a person who has custody or has stood in loco parentis for one year./ excluding educators and foster parents/. This changes the whole custody proceeding.It is not a custody proceeding between a fit parent and a temporary guardian, it is proceeding between a parent and another parent./ There are several strange and bizarre consequences in other cases but it is another question... /
A party seeking to modify a "permanent" custody order can do so only upon a showing of a significant change of circumstances so affecting the child that modification is essential to the child's welfare. Absent such a showing, any modification would be an abuse of discretion as denying the child the benefits of a stable home environment and thus would not be in his or her best interest.
Some of the factors are:
3(a) the importance for the child's development of a positive relationship with a parent or guardian and a secure place as a member of a family;
(c) the importance of continuity in the child's care and the possible effect on the child of the disruption of that continuity;...
Thus the OP has the burden to prove that it is not in the children's interest to remain in her friend's custody and it is in the children's best interest to be removed from their present home.
And unfortunately for OP statements as "I am their mother" or "Now I am sober" have no effect in any custody modification process.

Quote:

Originally Posted by ScottGem

...it appears to be a long shot.

I cannot agree more.

P.S. The greatest state of Delaware has similar provisions to the Canadian law and there is allowed a minor to have eleven legal parents. It is not a joke!:eek::eek::eek::eek:

No it wasn't signed in front of a judge.