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Law.Hut
Law.Hut, Lawyer
Category: Canada Law
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Experience:  with over 15 years experience.
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My mother offered to take my children for the year til i could

Resolved Question:

My mother offered to take my children for the year til i could arrange for better living arrangements for the children the time has come now for them to be returned but she has put this into court now wanting custody of my children when the agreement was to return them once i got established now that i am and the school year is over she is refusing and accusing me that i cannot care for them when i definitly can and have proof what can i do before this gets to trial can i take my kids back?? to live with me?? as agreed with the father i did not want her to have legal custody only so that she could get them into school and go to the docter if need be and lied to me that she need a court order for benifits and to sign a letter the knowledge i had at the time before the court papers were served was nil now i know alot more reading and learning this is not what i wanted I did not want them to live with my mother permanently and she knew this now she is trien to take over the kids and take credit for 12 years of there life when they only been thier for 9months less. I just wanna know if i can take back the kids to live with me forcebly maybe and avoid goin to court what are my right's please help I would have never done this in the first place after all of what i ghave learned in the past 6months
Submitted: 1 year ago.
Category: Canada Law
Expert:  Law.Hut replied 1 year ago.
Hello:

If there is no current agreement or court order in place and you are still the custodial parent to the children then you would have the right to take them back into your care. It legally would be no different then your having left the children for an extended time with a babysitter. But note that this would not avoid the trial or the court proceedings. Your mother has started a court action and that will continue whether you have the children in your care at the time if trial or not. And if they have been with her for the last year, of you go and suddenly get them just prior o a trial to you risk that she will seek and obtain a temporary emergency order that allows her to continue having them in her care until the full trial is heard and a more permanent order can be made. You also risk that the judge will be critical of you for such actions done on the eve of a trial to determine where they should live, as courts generally want to see the status quo continue pending trial, and not have one party unilaterally alter that just prior to court.

So you will need to focus not on avoiding the trial (as that is only possible if you convince our mother to drop the matter), but rather on how to win at the trial. You need to prepare and get as much evidence as possible about what you have done in the last year, what has changed since you asked your mother o care for the children. You will want to detail how much you have seen them in the last year, and detail how you have a stable plan as to where they will live, go to school, their activities, and that you are stable in your life with respect to your health, job, finances, residence and employment.
Law.Hut, Lawyer
Category: Canada Law
Satisfied Customers: 7813
Experience: with over 15 years experience.
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