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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 100424
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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My sons common law wife went to court about 3 years ago and

Customer Question

My sons common law wife went to court about 3 years ago and got custody of the children. My son was not in court for reasons I do not. My son still retained a relationship with the children and had them over for sleep overs, picked them up after school and baby sat when she wanted to go out. Last August she sold everything she owned and moved the children to Alberta, where she moved them in with another. My son and I are going to Alberta soon. I asked her if we could have the children at the hotel with us while we were there. She will not allow it. Do we have any rights to see the children without her being with us.?
Submitted: 2 years ago.
Category: Canada Family Law
Expert:  Legal Ease replied 2 years ago.
You don't have any rights with respect to the children unless you have a court order. Your son doesn't really either as he has allowed her to move the children and thus gave her sole custody or else the Court did. So if she won't let your son see the children without her being present your son will have to apply for a court order in Alberta for access to the children.

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