My son is in afghanistan for 9 months. He lives in Oromucto. I am his father. My wife has power of attorney. My son's wife and my son are going to be separating sometime in the future. His wife is planning to take their 2 kids to NS where her family live. He ( my son) was not asked or approached by her. Is she able to do this?
Calling family NB and talking to lawyers here in NS
No and she should be told she cannot do this and stopped if necessary.
The law is that she cannot remove their kids from the jurisdiction without permission from your son unless she first obtains a Court Order granting her permission to do so.The Court will make its decision based on what it determines to be in the best interests of the children. In doing this the Court will examine all the surrounding factors including her reason for wanting to move them and the relationship between the children and your son.In the absence of compelling evidence to the contrary it's generally considered to be in the best interest of the child to live in close proximity to both parents so that both parents can be involved in the child's life in a meaningful way.For this reason it is not usually an easy task to convince a Court to allow the children to be moved.If your son can afford a lawyer it's most assuredly a good idea to retain one.
She intends to have herself and the kids moved on the July 1st weekend. what should we do?
You should tell her that if she tries to do this you will seek an emergency motion to stop her as consider this to be parental abduction.
We are in NS and she is in NB. Do we have to retain a NB lawyer because of the jurisdiction?
And you should either retain a lawyer or go into Court yourself, likely tomorrow and say you need to bring an emergency motion for interim sole custody on behalf of your son as the mother has just indicated that she is moving with the kids on the long weekend and will be removing them contrary to your son's wishes and completely in disregard for his strong assertion that they cannot be moved.
I didn't know where Oromucto is.
It is 15 minutes outside of Fredrickton NB
So I suggest finding a lawyer in Fredericton if possible.
Do you know of one that is good in family matters?
I am in o
You want to move??
Just kidding of course.
I know and I am glad to see you can keep your sense of humour!
Thanks. So you suggest we go to Frederrickton and retain one, or can this be done over the internet?
I think you can do it over the phone.
I don't think you have to go there.
But it cannot be over the Internet.
So the phone is an option?
She is going to go through with this. So, The best interest for the kids AT THIS TIME is to be here where the grandparents are, but when he gets out of the theater of war, and returns home, can it be reversed and have her move back? She did all this without his permission or knowledge.
How much time do I have on line like this.
She cannot be forced to move back.The Order will just be about the kids.We can chat until you fee we are done.
Don't worry about the time.
I don't want you to feel rushed.
so When she moves here, she cannot be forced to move back even though the father is now back home? I don't understand.
The order is about the kids.
So the order can say she cannot move the kids.
But she can move without the kids.
It is dangerous to think she can take the kids now and resolve this when he is home because once the kids are settled there it may not be possible to get a Court Order moving them back.
She has a coop housing unit that her mother acquired for her, so there is a place for them . She has no family upp there right now, so I think it will way in her favor. what do you think?
I think that this is not about her family but about her not taking the kids away from their home and community and where their father lives.
And that's the focus.
what do you recommend based on what I have told you? and is this going to cost more than the 47 dollars that I paid up front?
She cannot move the kids away while their father is serving their country and then he comes back and they are gone to another province?That is not good for them.
doesn't sound right does it?
is this going to go over the 47 dollars that I paid?
Not at all.You paid for a chat and that's what we are doing.
There are no additional costs.
whew thanks..... However,I feel that you have answered all my questions The next move should come from my son right?
Yes but it has to come now.
Please don't let him think he can deal with this later on when he gets home.
I just know that if ( when) we take action on behalf of my son, the claws are going to come out.
But she is doing the wrong thing and any lawyer will tell her so.
I am not afraid of fighting.
In other words, she reallyshould wait till my son gets home.
Yes and she should wait until a Court decides.
final answer right??
Her mother saysthat there is not a court in the country that would stop a woman from taking her kids home. My son has been paying the max required plus more for his children, and he loves them very much.
Her mother is making up nonsense.\
it would devistate him if his family was to move out of province.
It's not common for a Court to allow a parent to move the kids away at all.
I am happy with your responses. Thank you for your time. We have stuff to do.
Please rate me before you leave.
I would e pleased to. thank you Debra.
I am a practicing lawyer and have also been an expert on JustAnswer since July 2008.