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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I have primary residence of my children and thier father

Customer Question

I have primary residence of my children and thier father lives 8 hours away. My daughter goes and visits her father via airplane. I have asked him to fly her back on a Sunday instead of Monday morning so she is not tired for school and her activities. He refuses and says I have no say and he booked flights for monday anyway. What can I do about this?
Submitted: 6 months ago.
Category: Canada Law
Expert:  Legal Ease replied 6 months ago.

Do you have an order or agreement?

Do you have sole custody or only primary residence?

What does the order/agreement say about access and when it happens, if anything?

Did you move away from the father or he from you?

Customer: replied 6 months ago.
We have an order I believe, it was legalized by a lawyer with our divorce. I have primary residence and he lives 8 hours away so I have children probably 80 %. Access i believe is to be mutual agreed upon, other than the ones layed out in order..ie week at christmas, month in summer ect. And he moved away. 8 and a half years ago.
Customer: replied 6 months ago.
I expressed my concern about her being tired as she has to get up at 5 am and then go to school as soon as she flys in.And he is not listening to my concern. Also he is making me pay half when I can get her rides down and back.
Expert:  Legal Ease replied 6 months ago.

You have to first find out if there is an order or agreement.

Then you would take steps to vary it.

So if there is an agreement it may say what happens in the case of a dispute and if that is the case you have to follow what is provided so for example it may say that you need to mediate.

If not or if there is an order then you would have to return to court and seek an order varying the agreement/order. The basis for the application is that the present situation is not working out and the best interests of your daughter dictate that she must be returned the night before.

Does that answer your question?

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