Canada Family Law
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Answered in 4 minutes by:
2/4/2013
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 142,997
Experience: I am a practicing lawyer and have also been an online professional for 12 years.
VerifiedThank 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.
Right now is there an order or agreement about custody and access?
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.
Right now is there an order or agreement about custody and access?
This is a very sad story.
It's actually heartbreaking about what her mother's position is with respect to her going to her semi -formal.
Essentially, in Ontario, by the time your granddaughter 16 she can live where ever she wants.
For now, if your son or you have to get a court order for custody of the child there it is very likely that you would get the order because at 15 1/2 no court is going to make an order against the child's wishes.
However given that there is no court order now is not likely that attending court would be necessary so long as your granddaughter is able to stand up to her mother.
If she were simply to move to your house the police will not assist the mother in bringing her home. A child her age cannot be compelled to live anywhere against her wishes.
But if you think that you or your son will need to get a court order let me know and I will explain a bit more about what you can do.
It's actually heartbreaking about what her mother's position is with respect to her going to her semi -formal.
Essentially, in Ontario, by the time your granddaughter 16 she can live where ever she wants.
For now, if your son or you have to get a court order for custody of the child there it is very likely that you would get the order because at 15 1/2 no court is going to make an order against the child's wishes.
However given that there is no court order now is not likely that attending court would be necessary so long as your granddaughter is able to stand up to her mother.
If she were simply to move to your house the police will not assist the mother in bringing her home. A child her age cannot be compelled to live anywhere against her wishes.
But if you think that you or your son will need to get a court order let me know and I will explain a bit more about what you can do.
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 142,997
Experience: I am a practicing lawyer and have also been an online professional for 12 years.
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