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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 95879
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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My daughter won custody of her children in Febuary of this

Customer Question

My daughter won custody of her children in Febuary of this year, but the judge said the children need to finish off the school year before returning home to my daughters. The father now says he cannot afford to keep his daughter and that my daughter should register her for school or he will register his daughter at his mom's hometown, but he will keep his son with him and he can finish his school year with him. He also says he cannot afford to meet up with my daughter at the appointed place where the judge ordered, but he is moving in to his house a girlfriend and her two children right away. What should my daughter do when the judge ordered the children to finish the school year. My daughter has all this in text from her ex on her phone as proof. Please help. Thank you . Betty
Submitted: 6 months ago.
Category: Canada Family Law
Expert:  Legal Ease replied 6 months ago.
What does your daughter want to see happen?For example, does she want her daughter with her now?
Customer: replied 6 months ago.
Yes she wants both her children, but the judge said the children should finish their school year first. The father is not following the order put by the judge as he has done in the past. My daughter wants to know if she can bring both children home now as the father does not seem to want to keep the daughter so why should he keep the son. This is all about not wanting to pay my daughter child support
Expert:  Legal Ease replied 6 months ago.
She cannot bring the son home without a court order. She can return to court and seek to vary the order based on the father breaching the order about the child and about him moving into the girlfriend's house before the kids move that. Unless that was contemplated at the time the order was made that is a material change of circumstance and so there are grounds to seek to vary the order.Does that clarify what your daughter must do if she wants the son home now?

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