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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 101042
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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My ex and I have been separated for almost 6 years now. We

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My ex and I have been separated for almost 6 years now. We lived in Quebec but I moved to Ontario 4 years ago. Our son who is 9 has lived with me the whole time. He has seen his father very sporadically (if his father happened to be dating someone with a car) He has made no attempt to visit otherwise. I have even went so far as to drive our son to Montreal to see him. I have since them been married and our son lives with me, my husband and his half brothers and sisters. My ex has never paid consistent child support. He has not been able to keep a job for more than 6 months since our son was born. A year and a half ago he moved in with his latest girlfriend and started asking for more access. I have no problem with our son visiting him but every time he visits his father tries to convince him that it would be better if he moved there. He just came back from visiting for one month this summer and now his father is saying that he should move there and live with him for a few years. So far we have no custody arrangement in place because I have been hoping to avoid that but now that these living arrangement questions have come up I am worried about what he might be able to convince my son of. Do I have any rights as it stands right now? and if I wanted to file for sole custody with him having liberal access like every other holiday and half of summer what would be my chances and would he have any chance of winning sole custody for himself?

Thank you for your question.

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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.
Customer: replied 4 years ago.

Short of filing for sole custody do I have any rights as things stand now? or is my only option to file with the court? My concern is my son going there for a visit and then his father deciding not to bring him back?

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.
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