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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Family Law
Satisfied Customers: 78
Experience:  25 years in practice.
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A 33 year old mother of girls presently aged 7 & 11, 28

Customer Question

A 33 year old mother of girls presently aged 7 & 11, 28 months ago allowed her daughters
to go to Yukon Territory with the mother of her partner, the father of her 7 year old daughter. The girls parents had a fight, the mother went to Bryony House and the father's
mother made an emergency flight to NS from Yukon. The girl's mother was told to let the
'mother in law' have custody of the two girls or they would go into foster care. She communicated with the girls infrequently during July/Aug 2014and only was allowed by the 'mother in law' to only have contact with her daughters on two occasions. What can the mom do to increase visitations and at some point share custody or regain full custody? What avenues can she go through?
Submitted: 11 months ago.
Category: Canada Family Law
Expert:  ulysses101 replied 11 months ago.

Hello, thank you for the question.

Can you clarify for me what province the mother is, and what province the children are in? Are they children still with the "mother in law"

Customer: replied 11 months ago.
The mother lives in Nova Scotia. The grandmother/mother in law was born in Ireland and arrived in Ns when 9 years old with her family. She may still have her Irish passport or just in recent years has acquired a Canadian passport. She's a retired NS teacher presently living/teaching in Yukon Sept-June for the last five years. She owns a home in NS but is presently renting it out.
When she and the girls come to metro Halifax July & Aug, they stay with her son in the apartment she helped him acquire. She may take off the next school year or retire completely from teaching up North. Then, I expect she will stay in Halifax for the year.
Expert:  ulysses101 replied 11 months ago.

Wait, so the mother and the kids are in NS? All three kids are with their paternal "grandmother"?

What's your connection to all of this?

Customer: replied 11 months ago.
The mother is in NS. The father of the 7 year old girl is in NS. Neither the 7 year old's father nor his mother are any relation to the 11year old. The grandmother has taken both girls to live with.her in Yukon since March 2014 to present, returning to NS July/Aug of each year. During those two months she & the girls stay with the 7year old's father/her son. The grandmother & myself were teaching colleagues and our families spent time time together. A male teaching colleague/good friend of hers also became our family friend. Her children considered him their 'Uncle Dick'. He visited Molly & her partner often & I would occasionally accompany him. This summer he offered to facilitate visits of the girls with their mom, but the offer was declined by the grandmother, for the time being. Dick & myself did have walks on two occasions with the 7 year old, her dad & grand mom, while the 11 year old visited her maternal grandparents in Cape Breton. The mother saw her daughters twice in Aug in the company of their maternal grandmother. In Nov, 2015, Dick visited Molly to see how she was doing to do a few house repairs and to hear her side of the story. We would like some general direction now to support her and perhaps, at a later date I can pay for her to contact you directly.
Expert:  ulysses101 replied 11 months ago.

That's good of you to want to help, and I can tell that you want the best for this family. I'll need more information, but your kind of an outsider to the situation so maybe you can't tell me what I need to know.

Let's start at the beginning. Let's call her Grandma. I assume that there's a court order out of NS family court that gives Grandma custody?

Customer: replied 11 months ago.
I'll need to check and get back to you.
Expert:  ulysses101 replied 11 months ago.

If you want to get the mother over so we can talk together that would help. Or you could give the mother your account details and she could pick up this thread, but she could also start other question threads which the site will then bill to you of course.

Let me know what you decide to do.

Customer: replied 11 months ago.
OK, it may be up to a week before I get the info. Molly mainly wants regular phone contact with her daughters, at present and to try and obtain this as informally as possible.
Expert:  ulysses101 replied 11 months ago.

I don't know if you paid a deposit or signed up for a subscription, either is fine.

Don't reply to until you know more or the site will bug me that you're waiting for a reply here.

Let me know when you know more, and we'll continue.

Expert:  Legal Ease replied 11 months ago.

I am not able to speak to you on the telephone. I know the site offers this service but the site is based in the US. In Canada the rules of my law society prohibit me from speaking on the telephone to you.

Should we proceed by posting over the site?

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