Canada Family Law
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Answered in 3 minutes by:
2/10/2014
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 128,562
Experience: I am a practicing lawyer and have also been an online professional for 12 years.
VerifiedThank you for your question. My goal is to provide you with the best possible answer.
To achieve that goal 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.
But, 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.
I am sorry to hear this.
At 12 or 13 a child's wishes are generally given considerable weight by a Court though a child cannot make a decision about where to live at this age.
As well, it doesn't sound like the current arrangement is safe for the children and you may have a strong case for convincing a court that changing the living arrangements is in your children's best interest, even not considering their wishes.
Your next step should be to consult with a family lawyer face to face and review the facts in some detail.
I hope that helps as a starting point.
To achieve that goal 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.
But, 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.
I am sorry to hear this.
At 12 or 13 a child's wishes are generally given considerable weight by a Court though a child cannot make a decision about where to live at this age.
As well, it doesn't sound like the current arrangement is safe for the children and you may have a strong case for convincing a court that changing the living arrangements is in your children's best interest, even not considering their wishes.
Your next step should be to consult with a family lawyer face to face and review the facts in some detail.
I hope that helps as a starting point.
The Court will be more reluctant to move the children far away from their mother unfortunately.
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 128,562
Experience: I am a practicing lawyer and have also been an online professional for 12 years.
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