Canada Family Law
Have a Canadian family law question? Ask a family lawyer.
Connect one-on-one with {0} who will answer your question
Answered in 3 hours by:
3/30/2013
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 142,940
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.
Are you saying that she went on vacation to Calgary, somehow has decided to live there, without legal status, and has applied to the court for custody there even though she is just there as a visitor?
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.
Are you saying that she went on vacation to Calgary, somehow has decided to live there, without legal status, and has applied to the court for custody there even though she is just there as a visitor?
The reason I've asked these questions is essentially because the law in Canada is that only the Court in the jurisdiction where the children habitually reside has jurisdiction to make orders about the children.
So it's my view that the Court in Calgary has no jurisdiction over your children. And, even if the Court can be convinced to deal with this issue (and I think it's wrong) the Court would have to be convinced that it's best for the children to be removed from the home, community and from their father and be moved across the world from their father.
I don't see how that could be best for the children unless the Court is convinced of her allegations that you are violent.
So it would be best for you to apply for sole custody and permission take the children back home if the Court does agree to hear this case.
And you should retain a very experienced lawyer to act for you.
What you can do to find a lawyer is one of the following things.
You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.
The number is:
1-800-661-1095 or
403-228-1722 in Calgary
Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.
Here's the link to their website:
http://www.lexpert.ca/Directory/DirectoryContent/FindLawyersOrFirm.aspx
Let me know if you need further clarification.
So it's my view that the Court in Calgary has no jurisdiction over your children. And, even if the Court can be convinced to deal with this issue (and I think it's wrong) the Court would have to be convinced that it's best for the children to be removed from the home, community and from their father and be moved across the world from their father.
I don't see how that could be best for the children unless the Court is convinced of her allegations that you are violent.
So it would be best for you to apply for sole custody and permission take the children back home if the Court does agree to hear this case.
And you should retain a very experienced lawyer to act for you.
What you can do to find a lawyer is one of the following things.
You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.
The number is:
1-800-661-1095 or
403-228-1722 in Calgary
Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.
Here's the link to their website:
http://www.lexpert.ca/Directory/DirectoryContent/FindLawyersOrFirm.aspx
Let me know if you need further clarification.
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 142,940
Experience: I am a practicing lawyer and have also been an online professional for 12 years.
VerifiedLegal Ease and 87 other Canada Family Law Specialists are ready to help you
How JustAnswer works
Describe your issueThe assistant will guide you
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
100% satisfaction guaranteeGet all the answers you need
Related Canada Family Law Questions
I am on a temporary work permit in Canada, I want to ask
I am on a temporary work permit in Canada, I want to ask questions about pre-nup agreement. I want to get married to an american woman. We will live in Saudi Arabia for a few years and then we might c… read more
Legal Ease
Lawyer
Doctoral Degree
142,940 satisfied customers
I am at risk of my life. I have been investigated for
I am at risk of my life. I have been investigated for sexual orientation and my family disclosed to the authority that I am part of the LGBT community. Which then be punishable by law. Please help me … read more
Ulysses101
Litigator, Barrister and Solicitor
LLB
4,552 satisfied customers
Need to now my right and my situation under Canada law, if i
Dear sirneed to now my right and my situation under Canada law , if i was entered new your k city in USA with b2 tourist visa and cross Canadian border agency to ask asylum in Canada part ( from trout… read more
Legal Ease
Lawyer
Doctoral Degree
142,940 satisfied customers
Can i ask you questions about divorce law in BC. canada. My
Hi There,can i ask you questions about divorce law in BC. canada … read more
Legal Ease
Lawyer
Doctoral Degree
142,940 satisfied customers
I am a 20-year old student in Vancouver. I have a 15-year
Hi! My name is***** am a 20-year old student in Vancouver. I have a 15-year old brother in Saudi Arabia who wishes to finish high school in Vancouver, Canada. My parents wish to appoint my sister and … read more
Legal Ease
Lawyer
Doctoral Degree
142,940 satisfied customers
In regards to a child custody jurisdiction case, is it
Hello, In regards ***** ***** child custody jurisdiction case, is it possible to request an extension of the time period limit for an appeal?… read more
Legal Ease
Lawyer
Doctoral Degree
142,940 satisfied customers
I'm a lebanese national living and working in saudi arabia
Hello there, i'm a lebanese national living and working in saudi arabia and i'm the one providing while my wife refuses to work there. My wife and child are both lebanese with canadian citizenship. My… read more
Legal Ease
Lawyer
Doctoral Degree
142,940 satisfied customers
I got information that my ex wife is seeking a job
I got information that my ex wife is seeking a job opportunity with a plan to move outside Canada with the kids. Given that I decided not to pursue a legal action in Canada, and only follow on legal a… read more
Legal Ease
Lawyer
Doctoral Degree
142,940 satisfied customers
Living in Dubai. I filed in Dubai and reached a lump sum
I am Canad***** *****ving in Dubai. I filed for divorce in Dubai and reached a lump sum agreement for spousal support 3 years ago. I have two kids 12 years and 5 years. What happens with spousal suppo… read more
Ulysses101
Litigator, Barrister and Solicitor
LLB
4,552 satisfied customers
I live in Saskatchewan. I'm concerned about some children
Hello, I live in Saskatchewan. I'm concerned about some children in the family of my ex fiancee. Their mother is a reclusive women. Drives drunk, without a drivers license or plates on her vehicle. Sh… read more
Legal Ease
Lawyer
Doctoral Degree
142,940 satisfied customers
Hi,my company lay me off, and I am not able to pay child
Hi, my company lay me off, and I am not able to pay child support. I ask to my ex for child support, and now she wants the custody of my son. My son life with me in US and my daughter in Canada with h… read more
Ulysses101
Litigator, Barrister and Solicitor
LLB
4,552 satisfied customers
Ive been living seperate from my Egyptian born husband for
Ive been living seperate from my Egyptian born husband for five years. We married in Egypt, I sponsored him to Canada. He has custody of our children. I want a divorce, he is avoiding all avenues of d… read more
Legal Ease
Lawyer
Doctoral Degree
142,940 satisfied customers
My wife and I are separated and have three children one lives
My wife and I are separated and have three children one lives with me the other two with her all decisions regarding them have been made together until now. My two daughters have gone to Calgary for s… read more
Ulysses101
Litigator, Barrister and Solicitor
LLB
4,552 satisfied customers
Hi,I am a Canadian citizen living over seas, got married in
Hi,I am a Canadian citizen living over seas, got married in Ontario,Canada, March 2010, had signed the declaration to sponsor my wife for 3 years, since then moved to Saudi Arabia. I got my divorce do… read more
Legal Ease
Lawyer
Doctoral Degree
142,940 satisfied customers
So do I have to notify any authorities in canada that I am
So do I have to notify any authorities in canada that I am currently divorced? My divorce is official in saudi and I will be marrying a saudi in the next few months so that is going to be official in … read more
Law.Hut
Lawyer
Law degree (Juris Doctor)
6,458 satisfied customers
The email that the lawyer sent the dad was not at all what
The email that the lawyer sent the dad was not at all what went on in court. After receiving a court transcript of the proceedings, it is clearly stated that his lawyer and the children's lawyer sold … read more
Legal Ease
Lawyer
Doctoral Degree
142,940 satisfied customers
I am a 53 year old man and married for 23 years. I migrated
I am a 53 year old man and married for 23 years. I migrated to Canada from Kenya together with my family in 2004 and we are now Canadian citizens. We have three children: boy (23), boy (21) and girl (… read more
Legal Ease
Lawyer
Doctoral Degree
142,940 satisfied customers
Hi, I am a Canadian citizen, currently residing in the Middle
Hi, I am a Canadian citizen, currently residing in the Middle East for over a year. I got married in Ontario in early 2010 to my spouse who now posesses The Canadian Permanent Resident Status through … read more
Legal Ease
Lawyer
Doctoral Degree
142,940 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.
JustAnswer in the News:
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
What Customers are Saying:
Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest.
Canada
This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help.
Halifax, NS
Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!
Edmond, OK
My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.
Redwood City, CA
I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.
Wichita, KS
PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.
Houston, TX
Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!
Atlanta, GA
< Previous | Next >
Meet the Experts:
Legal Ease
Lawyer
142,940 satisfied customers
I am a practicing lawyer and have also been an online professional for 12 years.
JCLawyer
Lawyer
307 satisfied customers
Expert
CriminalLawyerTO
115 satisfied customers
Jeremie John Martin
Lawyer
86 satisfied customers
I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.
Counsel Creed
lawyer
64 satisfied customers
associate at GTA law firm
JJL11
Lawyer
60 satisfied customers
Licensed to practice law in Ontario for over 25 years.
ARLENEP41
EMPLOYMENT AND HUMAN RIGHTS LAWYER
58 satisfied customers
Expert
< Previous | Next >
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.
