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Legal Ease
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Category: Canada Law
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Experience:  Lawyer
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, I have a 11 years daughter. My partner and I have

Customer Question

Customer: hello
JA: Thanks. Can you give me any more details about your issue?
Customer: I have a 11 years daughter. My partner and I have been separated for three months. We have no parenting plan. We do have a schedule. Can my ex partner take my child out of school for the day to go skiing, without notifying me?
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Submitted: 12 months ago.
Category: Canada Law
Expert:  Legal Ease replied 12 months ago.

Are there any orders or agreements in place about access or custody?

Where does the child live most of the time?

What province is this please?

Customer: replied 12 months ago.
There is a no contact order on both of us, except if it has to do with the child. lives with my ex-partner most of the time.Alberta
Expert:  Legal Ease replied 12 months ago.

As the child lives with your ex-partner most of the time and because there is no order with respect to custody or access your ex-partner is deemed to have de facto custody of the child.

For this reason your ex-partner is the parent who can make decisions about the child at this point in time.

Your ex-partner will have this right unless there is an order or agreement put into place about custody and access.

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