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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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My son who lives in Alberta is unable to find the whereabouts

Customer Question

My son who lives in Alberta is unable to find the whereabouts of his 9 month old daughter who is residing in the lower mainland of BC. Who can I (I live in Ladner) contact to help us as we have no resources for a lawyer.

Thank you very much,

Patti Swinburne
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

Did the mother get an order allowing her to move and giving her sole custody?

When did she move?
Customer: replied 1 year ago.

The mom and baby came out to BC for a family funeral on Jan. 9/13. She returned to Edmonton approx. Jan. 20 or so and had to remain as my son had filed an order for her to remain in AB with their daughter til things could be worked out. she ended moving back her (with an order i believe) in Feb./13. I am awaiting my sons answer about sole custody. The order he was given was that whenever he was in BC he was allowed 3hrs. visitation daily. child support was set up and I believe he has refused to give this lately b/c mom is not telling him where his daughter is. Crazy reason I know...I am just letting you know what I am told.

Expert:  Legal Ease replied 1 year ago.
So you are saying that she was permitted to leave with the child?

But now she is in breach of the Court order in terms of providing him with access?

And she is essentially in hiding?
Customer: replied 1 year ago.

Yes, she is in BC and withholding access to his daughter from access and skyping etc. because he has withheld child support. She states he will maybe be allowed to see his daughter if he once again begins payment.

Expert:  Legal Ease replied 1 year ago.
So they are both in breach of the various Court Orders.

But she can be held in contempt for her breach.

Access and support are two separate issues as both are the rights of the child.

So your brother is going to look terrible in Court for not paying support but he can still seek to have her found in contempt.

And at the same time he can apply to have the Order made police enforceable.

Then the police will help him find his daugher and see his daughter.

Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 86427
Experience: Lawyer
Legal Ease and other Canada Law Specialists are ready to help you
Customer: replied 1 year ago.

thank you... I have been on the phone with our son and he is very distraught. I appreciate your help.


 


Sincerely,


 


Patti Swinburne

Expert:  Legal Ease replied 1 year ago.
Anytime.
Expert:  Legal Ease replied 1 year ago.

Thanks very much for the rating.

Please take the time to participate in the customer satisfaction survey as that will go into my record with the site.You will be sent an email with the survey in a couple of days.

And feel free to keep my name in case you need me again down the road. You can always put my name into the subject line the next time you post so that your question will stand out for me and I will answer it just as soon as I can.

Thanks and take good care!

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