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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 96405
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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I currently live in Nova Scotia Canada. My Common- Law

Customer Question

Hello,
I currently live in Nova Scotia Canada. My Common- Law Spouse returned to Ontario to visit family and friends with our two year old son. The plan was for her to return in the middle of October. We have had some relationship issues and because of those she is choosing not to return to Nova Scotia but rather to stay in Ontario. What are my rights as a father?
Submitted: 1 year ago.
Category: Canada Family Law
Expert:  Legal Ease replied 1 year ago.

You right is to have her bring the child back at once.

You can seek an emergency court order for interim sole custody and get the child back. What she is doing is a clear example of parental abduction.

If you treat this as an emergency you will get the child back almost at once.

If you do not and time passes it will be a long time before you even have a chance of bringing him back and the longer he is there the harder it will become.

So deal with this on Monday and seek the order.

Customer: replied 1 year ago.
Ok.
Does the fact that there was no prior agreement in place effect whether or not she will have to return with the child?
Customer: replied 1 year ago.
Because it wasn't like she left without my permission. It was just planned that she would return.
Expert:  Legal Ease replied 1 year ago.

The permission was for a trip for a visit to Ontario.

When she says she won't return the child that is parental abduction.

Customer: replied 1 year ago.
best case scenario, I get her to return to Nova Scotia without an emergency court order. What are my chances of getting a custody where I can see him every weekend or several weekends out of a month. Meaning that she would have to maintain residence here in Nova Scotia.
Expert:  Legal Ease replied 1 year ago.

I don't know you or the facts so I could not realistically know the odds of your getting that type of access.

But what I can say is your chances of stopping her from moving your child out of the jurisdiction are excellent.

Customer: replied 1 year ago.
The only thing that I'm worried about is that we have no family here in Nova Scotia, and that the courts would see that and allow her to move back to Ontario
Expert:  Legal Ease replied 1 year ago.

I cannot speak to you on the telephone. The rules of my law society don't allow me to speak to you because you are not my client.

The court will make its decision and based on what it finds to be in the best interest of your child and it is rare for the court to find it's best for the child to be moved away from a parent.

You will need to retain your own lawyer of course. I'm happy to keep answering these questions but I can't assist you in any more significant way than providing you with this general legal information. The consequences here are exceedingly significant and you need to retain a lawyer as soon as possible and you will also need to address the parental abduction issue on Monday.

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