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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I was served today with papers which a balif left attached

Customer Question

Hi
i was served today with papers which a balif left attached to the door handle regarding a custody battle with my ex wife. At the time we got divorced we agreed a shared custody 1 week each. I started a new job in March which involved me being on the road as a travelling sales person. And since then i have only been able to see my son from a friday when i would pick him up from school and i would have him until the Tuesday morning when i would drop him of at school and then travel for work.
I work schedule is about to change and i would be able to have him the full week again. But because of where i live and my ex lives she wants to change his school as he is about to go to high school. At the moment e goes to Marie Laurie which is a private school which and she wants to send him to a private school in st jean which is 95km away from Ormstown where i live. And because i would not agree to the school change she has had me served with papers which arrived just today and they have a court date set for Dec 16th. And she now wants to have full custody in which i would see my son every second weekend and only 2 days at christmas every alternate year. She also wants me to pay for him to go to the new private school. And i was basically trying to find out if it is worth paying for a lawyer to fight this as according to her lawyer i dont have a leg to stand on and because she has had him the extra days since march she will be granted full custody with her terms even though my job situation is about to change any week now.
Submitted: 1 year ago.
Category: Canada Law
Customer: replied 1 year ago.
Her and i have been divorced for approx 7 years with the shared custody and she is only doing this now in order to be allowed to have him got the school she wants. My son has recently just turned 12
Expert:  Legal Ease replied 1 year ago.

It is most surely worth your while to hire a family lawyer. Her lawyer is fighting for her and you don't even know what the lawyer said if she is repeating it. It is quite likely that you will be able to resume shared custody because the child is older and it won't be a major change and because you had shared custody until recently.

I don't think you should be so afraid of losing simply because your ex-spouse or her lawyer says you will.

Customer: replied 1 year ago.
what i can gather from the paperwork is that she wants full custody and for me to now pay for his school in full and also pay her child support. As where right now the agreement is that we have joint custody and she is supposed to pay me child support.
But what is bothering me most is possibly loosing the joint custody. But she is also saying if i agree to these changes i will not be charged anything for his schooling and also child support. The only reason she is doing this s because she wants him to go to a school near her house. Which is 95km away from where i live. What is the best way to proceed remembering this is in Quebec
Expert:  Legal Ease replied 1 year ago.

The best way to proceed, without a doubt, is to see your own lawyer.

Any agreement about child support is not binding. She can end up getting her way and then she will come after you for child support.

As well, there's no possibility that you have to pay for all of the private school if your son ends up going to private school as you both have to contribute to this type of expense in proportion to your respective incomes.

Please do not consider agreeing to anything without getting independent legal advice from your lawyer.

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