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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 97438
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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My kids are 11 and 12. Both boys have expressed that they

Customer Question

My kids are 11 and 12. Both boys have expressed that they want to stay here with me but don't want to say anything to mom for fear she will cry, be upset with them etc..I completely understand, and up to this point, all I have done is do right by them, but when my oldest is asking me who he can speak to, so they can force her to let him stay with me I begin to believe he is at the maturity level he understands his decision and the impact of it. Is that what it boils down to for the court? I could approach his mom with this but it will only create tension at this point.
Submitted: 11 months ago.
Category: Canada Family Law
Customer: replied 11 months ago.
We live in British Columbia. 50% , week on week off parenting time. She lives approx 75 Kim's away from me, the kids school and all their activities. Kids express they are tired of driving so much when with their mom.
Expert:  Legal Ease replied 11 months ago.
Is there an agreement or order in place and if so when was it made?
Customer: replied 11 months ago.
The most recent order was in July of 2014. But the custody was originally done back 2008.
She wanted to move to another city 75 Kim's away in December of 2013. Not agreeing considering we had equal parenting time, a week on week off schedule, I filed for an emergency order to stop the move. Because she agreed to drive them to school, all their activities would not change, all their professional services would not change, and my parenting time would not change the judge allowed her to move. The kids travel at least 45 mins each way to go to school and back, not to mention activities, sports etc when with her. So, the judge issued interim order allowing her to move and then set a date for it to be reviewed in July of 2014.At that point, of course she was going to do everything the court required. So I asked the court to write in the order that all activities, school, doctors, dentists etc stay the same. I also asked that any further schooling be limited to within 5 Kms of my residence. I also asked that boundaries be placed in an order preventing this from happening again. She disagreed with all of that but thankfully the court agreed with me. All of this is in the order. I pay child support, have been since 2008. We have 50/50 time, exchanging Monday's. She is required to pick up and drop off to me as well.Youngest son has anxiety, ADHD. Older son has ADHD.I work full time making a good salary and have lived in the same home for 9 years. The kids have grown up here. Their lives are built around this community. I dont drink, no drugs, etc.She has not had a job in 8 years. Was on income assistance for 4 years after we split. Has moved four times. Currently lives with fiancé.
Expert:  Legal Ease replied 11 months ago.

If the children are not doing well then that is a material change of circumstance giving you the right to return to court.

Both of your children have expressed that they want to live with you full time and have explained why. At 11 and especially 12 their wishes will be given considerable weight by the court.

And all the facts are very heavily in your favour as it makes sense that no one, especially a child would want to spend so much time in the car each day when they could be sleeping, playing etc.

So it would make good sense to return to court at this point. It would be in your children's best interests.

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