Canada Family Law
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Answered in 4 minutes by:
9/3/2013
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 143,540
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.
He has essentially no chance of getting sole custody at this stage. Once your son is older and if he decides he wants to move to Montreal and live with his father you could then have a problem.
But this is something that is commonly seen at the end of a summer holiday. A child misses the parent he is leaving but also that is not really his real life. It's saying good-bye to a parent but to a life free of everyday responsibilities. It's saying good-bye to the summer and holidays too.
As your child gets older he will likely realize that as well.
As the child lives in Ontario with you and has all along and as the father lives in another province there is really little doubt about your getting an order for sole custody and the father getting some access.
At the same time you can get an order for support as it's ridiculous and unlawful that this father can not pay proper support and then make such suggestions to your son, directly.
I am sorry this is happening to you. It's not fair.
Let me know if you need any further clarification.
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.
He has essentially no chance of getting sole custody at this stage. Once your son is older and if he decides he wants to move to Montreal and live with his father you could then have a problem.
But this is something that is commonly seen at the end of a summer holiday. A child misses the parent he is leaving but also that is not really his real life. It's saying good-bye to a parent but to a life free of everyday responsibilities. It's saying good-bye to the summer and holidays too.
As your child gets older he will likely realize that as well.
As the child lives in Ontario with you and has all along and as the father lives in another province there is really little doubt about your getting an order for sole custody and the father getting some access.
At the same time you can get an order for support as it's ridiculous and unlawful that this father can not pay proper support and then make such suggestions to your son, directly.
I am sorry this is happening to you. It's not fair.
Let me know if you need any further clarification.
That would be parental abduction.
And then you could attend court on an emergency, ex parte (without notice) basis and get an order for sole custody and then the police will help you get your child home.
But the police cannot ever help without a court order.
And then you could attend court on an emergency, ex parte (without notice) basis and get an order for sole custody and then the police will help you get your child home.
But the police cannot ever help without a court order.
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 143,540
Experience: I am a practicing lawyer and have also been an online professional for 12 years.
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