Services

Family Court Alternative

 

You, are the only one  who truly knows who you are and what you need. If you are reading this, you have probably experienced a horrible misfortune and lost some one you love as a result of a false allegation, mistakes of the past, some just dont know what happened or why? Most of will blame the system and become uncooperative. These reactions have caused CFS, Family Courts, and the Police to appear flawed and out dated . 

Family court is separate division with its own policies and procedures based on the Best Interests of the Children, not Criminal law. The laws of criminal evidence do not apply in Family Law. The perception of criminal procedures and consequences in Family Law is so prevalent parents are not researching the rules of family and proceeding to court on the expectation of criminal law. This perception causes frustration with the system as parents are not getting the consequence they feel the evidence presented deserves. Each time in court the parent embellishes the story a bit more in hopes of seeking justice. This causes the children to eventually become entangled in the matter as a pawn. 

Butterfly Foundation educates parents on family law and makes every attempt to resolve the matter outside of court. We support parents in creating a long term parenting plan that suits everyone's needs based on the dynamics, we develop unique communication strategies and parenting skills so even if parents cannot communicate due to conflict to the child they will appear as united. We are available when the families need us, which is why we do not have a intake service or waiting list and we are available 24/7. Keeping matters out of court is our top priority, if a matter does required court it is always a result of one parent acting unreasonably. We will support and assist the responsible parent to ensure the case is presented based on the best interests of the child. Butterfly Foundation will not assist any parent who is seeking Sole custody or is not willing to have the other parent participate.


Police are a service to enforce Criminal Law. Family Law operates on a different set of policies and procedures that are not enforceable under criminal law. Police are often called to assist in matters of access which they have no authority to act on unless a order specifically outlines the procedure a police officer must take to enforce the order. Even then if a child is not of age or the officer believes the choice is the child's, they do not have act. The biggest problem police present in family law matters, is the advice and direction they provide parents about family law. Parents take the direction and advise received from the police as the letter of the law. Often the advise provided is wrong and places the child or parent in a dangerous place. If Police are not able to assist because Family law is not Criminal Law and they do not have jurisdiction or training to act in these matters, why police should not be providing parents with advice and direction when they are not qualified to and have no authority to. If a Parent feels that something criminal may be happening involving the child the parent may contact the police and ask for a wellness to confirm the safety of a child. The police will then attend the home or locate the children and confirm the well being. Should something of criminal nature be happening the police will deal with that . Butterfly Foundation can assist parenting in determining what is a police matter and what is not. We will assist with communicating how it is a criminal matter, and we will make every attempt to resolve the conflict without involving the police. Examples of common issues police are called for and if they can or cant help are :

1. Parent withholding a child- The police can only assist if the child's whereabouts are not known and every attempt has been made to make contact with the other parent and the other parent has refused to respond to the request. Often Police will make an attempt to locate the child and once located inform the other parent and no further action will take place. 

2. Parent showing up at uninvited times- Police can only assist if the parent commits a crime or and order specifically states that the parent cannot be there. Both parents are entitled to attend any place their child is unless an order specifically states they cannot and a police officer has been given specific instructions on what to do to remove the parent. It is never in a child's best interest to utilize the services of the police and even though a order may have a police clause, an error in use of that clause will be seen as reason for the courts to change custody. If ever and order is not followed the correct process would be to file a motion and the parent who is not following the order can explain to the judge who pronounced the order why they are not follow a order of the court and that parent will then face potential contempt of court .

 

CFS-Reconsiliation

Child and Family services is being perceived as a child apprehension service or a group of unqualified people who do nothing to protect the children that are in real danger. Child and family services is overwhelmed with reports of false allegations by parents looking to remove the other parent from a childs life and position themselves in a favorable position in court. The accused parent often becomes annoyed, frustrated and uncooperative with CFS. The investigation process is very invasive and makes parents feel their human rights are violated. These negative behaviors often interfere with the workers investigation and can appear as risk to the child's safety. Child and Family Services is not an enforcement agency, it is a service to provide support to families in crisis, it is a last resort to apprehend a child. When a child is apprehended Child and Family Services relies on other services to support and place the child in an environment that is best for the child's situation. When a service is located that suites the child, family services must apply to the program and wait the same waiting period as a parent refereed to the program. Most programs take 6weeks to 6months to even begin this process, if the child is not accepted the process must start again. Child and family Services is a resource for families to use that will assess the family situation and based on specific criteria and information received during the investigation so they can connect you with the services required to support your families needs. In some cases a worker is assigned to the family to monitor the situation and ensure the services provided and recommendations are being followed and the unsafe environment the child is in continues to improve.  Butterfly Foundation will work with families to show them why it happened, how it happened and why they may have been mistreated. Our goal is to educate parents on the purpose of child and family services and find a solution that will be accepted to begin reunification.

 

Intervention

Police enforce Criminal Law. Family Law operates on a different set of policies and procedures that are not enforceable under criminal law. Police are often called to assist in matters of access which they have no authority to act on unless a order specifically outlines the procedure a police officer must take to enforce the order. Even then if a child is not of age or the officer believes the choice is the child's, they do not have act. The biggest problem police present in family law matters, is the advice and direction they provide parents about family law. Parents take the direction and advise received from the police as the letter of the law. Often the advise provided is wrong and places the child or parent in a dangerous place. If Police are not able to assist because Family law is not Criminal Law and they do not have jurisdiction or training to act in these matters, why police should not be providing parents with advice and direction when they are not qualified to and have no authority to. If a Parent feels that something criminal may be happening involving the child the parent may contact the police and ask for a wellness to confirm the safety of a child. The police will then attend the home or locate the children and confirm the well being. Should something of criminal nature be happening the police will deal with that . Butterfly Foundation can assist parenting in determining what is a police matter and what is not. We will assist with communicating how it is a criminal matter, and we will make every attempt to resolve the conflict without involving the police. Examples of common issues police are called for and if they can or cant help are :


1. Parent withholding a child- The police can only assist if the child's whereabouts are not known and every attempt has been made to make contact with the other parent and the other parent has refused to respond to the request. Often Police will make an attempt to locate the child and once located inform the other parent and no further action will take place. 


2. Parent showing up at uninvited times- Police can only assist if the parent commits a crime or and order specifically states that the parent cannot be there. Both parents are entitled to attend any place their child is unless an order specifically states they cannot and a police officer has been given specific instructions on what to do to remove the parent. 


It is never in a child's best interest to utilize the services of the police and even though a order may have a police clause, an error in use of that clause will be seen as reason for the courts to change custody. If ever and order is not followed the correct process would be to file a motion and the parent who is not following the order can explain to the judge who pronounced the order why they are not follow a order of the court and that parent will then face potential contempt of court .

 

Prevention

 

Parents who have been court ordered to undergo supervision while parenting their children may ask permission of the court, CFS, or the other parent if Butterfly Foundation can facilitate the visits. We take the position that your children are our clients. We are able to supervise parents in a variety of environments including their own homes if this is allowed by the court order. The children’s safety and happiness is our utmost concern in this process.

Starting your life over  again is the hardest thing to deal with.  Loosing your partner and family makes it feel impossible and often poor decisions based on emotion can cause years of distress.  Although most couple's feel the breakup is for the benefit of the children, they are rarely considered when things don't go as planned. Family Law is mandated by different rules than criminal court and although you are in court with a lawyer in front of a judge it is very different and most don't realize this until it is to late.  We believe court harms children, causes conflict and empties bank accounts. Our team will help you learn to start over,  communicate effectively and cooperatively.  We will educate you on the impact this will have if the children are not considered. 

No matter what your relationship status may be, our survivors  can help you reduce the impact the conflict has over your children.