Found Safe Canada - O’Driscoll-Zak sisters, 2 & 5, abduction by aunt & grandmother, Cochrane, 12 Mar 2021

[Cordelia Gray]

The mother lost the appeal, so the father now has sole custody.

This is the date of the appeal: 2021-04-12
Children were recovered: 2021-04-14

In this article is states that "An appeal of the March 12 custody decision will be heard May 4."

Mother of missing Cochrane girls loses bid to have decision giving full custody to father stayed | Calgary Herald

 

[MistyWaters]

In this article is states that "An appeal of the March 12 custody decision will be heard May 4."

Mother of missing Cochrane girls loses bid to have decision giving full custody to father stayed | Calgary Herald

The Court of Appeal heard the Stay, a Stay essentially meaning a request to temporarily put on hold the prior decision regarding Mar 12th custody order granted to the father, then on May 4th that decision would be formally appealed. Due to court backlog, it appears the appeal could not be heard earlier.

Given the remarks of the Appeal Court Judge and the reasons why the Stay wasn’t granted, the Appeal of the decision doesn’t look promising to me.

This is the Appeal Court decision dismissing the stay -

https://www.canlii.org/en/ab/abca/doc/2021/2021abca131/2021abca131.html?resultIndex=1

It does mention the further appeals, including recusal of the judge.

[44] At the April 7, 2021 hearing of this application, I was advised the April 27-30, 2021 Queen’s Bench hearing dates have been vacated. I was also advised there is a pending motion seeking recusal of the case management judge, which I understand, is to be heard on April 30, 2021.

[45] Given the circumstances, and recognizing Ms O’Driscoll sought an expedited appeal, I have directed the appeal shall be heard by a panel of this Court on May 4, 2021. The appeal record and the appellant’s factum must be filed and served no later than April 21, 2021. The respondent’s factum must be filed and served no later than April 28, 2021.

 

[everybodhi]

The Court of Appeal heard the Stay, a Stay essentially meaning a request to temporarily put on hold the prior decision regarding Mar 12th custody order granted to the father, then on May 4th that decision would be formally appealed. Due to court backlog, it appears the appeal could not be heard earlier.

Given the remarks of the Appeal Court Judge and the reasons why the Stay wasn’t granted, the Appeal of the decision doesn’t look promising to me.

This is the Appeal Court decision dismissing the stay -

https://www.canlii.org/en/ab/abca/doc/2021/2021abca131/2021abca131.html?resultIndex=1

It does mention the further appeals, including recusal of the judge.

[44] At the April 7, 2021 hearing of this application, I was advised the April 27-30, 2021 Queen’s Bench hearing dates have been vacated. I was also advised there is a pending motion seeking recusal of the case management judge, which I understand, is to be heard on April 30, 2021.

[45] Given the circumstances, and recognizing Ms O’Driscoll sought an expedited appeal, I have directed the appeal shall be heard by a panel of this Court on May 4, 2021. The appeal record and the appellant’s factum must be filed and served no later than April 21, 2021. The respondent’s factum must be filed and served no later than April 28, 2021.

If they can get rid of the judge, the court appointed child psychologist, the town’s RCMP officers, and children’s services, because of bias, I assume they think they stand a good chance of this going their way.

 

[otto]

In 20 years Jacqueline O'Driscoll-Zak and Colin Zak will be looking at each other from opposite sides of their daughter's wedding dance, wondering why they couldn't sort it out when they had a chance.

 

[otto]

In this article is states that "An appeal of the March 12 custody decision will be heard May 4."

Mother of missing Cochrane girls loses bid to have decision giving full custody to father stayed | Calgary Herald

I have to admit that I know nothing about this acrimonious divorce beyond not liking the mother's abnormally emotional lawyers (e.g.: spilling child sexual abuse guts ??), then the subterfuge, abducted? Really?

May 4? Will the children be together in foster care until the next hearing?

 

[otto]

If they can get rid of the judge, the court appointed child psychologist, the town’s RCMP officers, and children’s services, because of bias, I assume they think they stand a good chance of this going their way.

That is what it's coming down to - that they want to discredit every professional they've encountered in this custody battle simply because those professionals do not further the O'Driscoll family goals.

 

[otto]

The Court of Appeal heard the Stay, a Stay essentially meaning a request to temporarily put on hold the prior decision regarding Mar 12th custody order granted to the father, then on May 4th that decision would be formally appealed. Due to court backlog, it appears the appeal could not be heard earlier.

Given the remarks of the Appeal Court Judge and the reasons why the Stay wasn’t granted, the Appeal of the decision doesn’t look promising to me.

This is the Appeal Court decision dismissing the stay -

https://www.canlii.org/en/ab/abca/doc/2021/2021abca131/2021abca131.html?resultIndex=1

It does mention the further appeals, including recusal of the judge.

[44] At the April 7, 2021 hearing of this application, I was advised the April 27-30, 2021 Queen’s Bench hearing dates have been vacated. I was also advised there is a pending motion seeking recusal of the case management judge, which I understand, is to be heard on April 30, 2021.

[45] Given the circumstances, and recognizing Ms O’Driscoll sought an expedited appeal, I have directed the appeal shall be heard by a panel of this Court on May 4, 2021. The appeal record and the appellant’s factum must be filed and served no later than April 21, 2021. The respondent’s factum must be filed and served no later than April 28, 2021.

Is this a last ditch effort to protect the children from their father's potential negligence and disregard?

What if the mother stepped back from accusing and let situations speak for themselves. If her husband is as crazy as she thinks he is, everyone will see it - she doesn't have to make a fuss about it.

May 4, her children are in foster care again while she delays decisions?

 

[Inthedetails]

Is this a last ditch effort to protect the children from their father's potential negligence and disregard?

What if the mother stepped back from accusing and let situations speak for themselves. If her husband is as crazy as she thinks he is, everyone will see it - she doesn't have to make a fuss about it.

May 4, her children are in foster care again while she delays decisions?

I was assuming the kids were with foster care temporarily - because they were discovered far from home. Someone needed to care for them until reunited with their father. I don't think there needs to be a delay in the father assuming custody.

That's not based on reporting, just my assumption.

jmo

 

[everybodhi]

I was assuming the kids were with foster care temporarily - because they were discovered far from home. Someone needed to care for them until reunited with their father. I don't think there needs to be a delay in the father assuming custody.

That's not based on reporting, just my assumption.

jmo

Maybe. Once kids are in the custody of children and family services, things can change, it can be hard to get them released. They have their own rules and procedures and have a big influence with the courts.
At least that’s how it is in the US.
I can’t imagine custody going to the mother after her family kidnapped them but I can imagine the possibility of them getting hung up in family services while the father jumps through more hoops, psychological and home assessments, etc.
I don’t think it’s the result mom had in mind, her family certainly won’t be supervising his time with his children anymore. JMO

 

[MistyWaters]

Maybe. Once kids are in the custody of children and family services, things can change, it can be hard to get them released. They have their own rules and procedures and have a big influence with the courts.
At least that’s how it is in the US.
I can’t imagine custody going to the mother after her family kidnapped them but I can imagine the possibility of them getting hung up in family services while the father jumps through more hoops, psychological and home assessments, etc.
I don’t think it’s the result mom had in mind, her family certainly won’t be supervising his time with his children anymore. JMO

As the mother’s efforts to request a stay failed in the appeal court, the dad still has full legal custody so you’re right, no way would they be returned to the mother.

But after 5 weeks of being abducted, at this point I’m sure the children will be assessed and decisions made based on what’s best for them at this point in time. I’d expect the father would support all decisions to benefit the children, even if it means he might not be immediately reunited with them. Sadly it seems the children have experienced a lot of unnecessary trauma and conflict in their short lives. Parental alienation, maliciously causing a child to fear or hate the other parent, is extremely damaging that requires time to overcome. I doubt trust, let alone love can be fully restored by young children toward a parent without significant third party neutral involvement.

I don’t think Canada can be compared to the US in parents having to fight Social Services for release of their children without a valid reason for custody being withheld.

 

[Ontario Mom]

As the mother’s efforts to request a stay failed in the appeal court, the dad still has full legal custody so you’re right, no way would they be returned to the mother.

But after 5 weeks of being abducted, at this point I’m sure the children will be assessed and decisions made based on what’s best for them at this point in time. I’d expect the father would support all decisions to benefit the children, even if it means he might not be immediately reunited with them. Sadly it seems the children have experienced a lot of unnecessary trauma and conflict in their short lives. Parental alienation, maliciously causing a child to fear or hate the other parent, is extremely damaging that requires time to overcome. I doubt trust, let alone love can be fully restored by young children toward a parent without significant third party neutral involvement.

I don’t think Canada can be compared to the US in parents having to fight Social Services for release of their children without a valid reason for custody being withheld.

I'm not so sure about that, I've heard lots of Canadian parents (Ontario anyway) say the exact same things about CAS (Children's Aid Society) here in Ontario, that folks in the states say about social/family services. That being said, the court has already determined the father have full custody so there really shouldn't be any delay in returning those girls where they belong.

jmo

 

[SandyQLS]

I've been lurking, following. Good news! found safe.

Question: Were the aunt and grandmother arrested for custodial interference, kidnapping, anything?

 

[otto]

I've been lurking, following. Good news! found safe.

Question: Were the aunt and grandmother arrested for custodial interference, kidnapping, anything?

No idea. So far, there is no mention of the abductors in the news. However, RCMP have said that anyone who helped them could be criminally charged. Perhaps RCMP are still investigating what exactly happened.

 

[otto]

I found a good map of the Columbia Valley RCMP area. One red dot is Calgary, the other is the location of the grandparent's property.

Columbia Valley detachment - British Columbia

 

[concon19]

Just saw this article in the Calgary Herald - good news and confirms what we suspected.

Relatives charged with abduction in case of missing Cochrane girls | Calgary Herald

 

[Seattle1]

April 16, 2021

Missing Cochrane girls located in B C & charges filed:

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RCMP have charged two [unnamed] relatives with abduction in the case of two missing Cochrane girls, who were found in B.C. one month after disappearing.

Not to state the obvious -- but interesting RCMP will not confirm the identity of those charged.

 

[Inthedetails]

Just saw this article in the Calgary Herald - good news and confirms what we suspected.

Relatives charged with abduction in case of missing Cochrane girls | Calgary Herald

Good. Crime doesn't pay.

jmo

 

[Lexiintoronto]

Is the page still up? I can't seem to find it

Yes, still up. If you search—
help for the o'driscolls nancy may
—you should find it.

 

[CDN.Epona]

.
Not to state the obvious -- but interesting RCMP will not confirm the identity of those charged.

They are named here on the RCMP's own update page.
Cochrane RCMP request assistance to locate two children and two adults – Update 5 – Charges laid | Royal Canadian Mounted Police

 

[Lexiintoronto]

April 16, 2021

Missing Cochrane girls located in B C & charges filed:

To view this content we will need your consent to set third party cookies.
For more detailed information, see our cookies page.

Accept third party cookies

RCMP have charged two [unnamed] relatives with abduction in the case of two missing Cochrane girls, who were found in B.C. one month after disappearing.

Not to state the obvious -- but interesting RCMP will not confirm the identity of those charged.

It seems backwards now, but the names won’t be used in order to protect the privacy of the two girls. Most MSM stories now will likely omit the girls’ names as the story goes forward.

ETA: I just read the previous post where the RCMP now has named the abductors.