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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 101435
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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My son resides with me in Canada attends school, but father

Customer Question

My son resides with me in Canada attends school, but father has custody rights, my son has resided for the last 3 years. How do I get custody
Submitted: 2 years ago.
Category: Canada Family Law
Customer: replied 2 years ago.
I need this so I can have a deduction I need.
Expert:  Legal Ease replied 2 years ago.

Are you saying that your child lives with you full time but you cannot prove this because of a previous order or agreement?

Customer: replied 2 years ago.
He goes to school. But revenue Canada says I cannot claim him because of our divorce agreement
Expert:  Legal Ease replied 2 years ago.

I understand.

What you will need to do is to bring an application to the court to vary the agreement based on a material change of circumstance. The material change in circumstances is that your child now lives with you.

It would be ridiculous for the father to contest this application so if you do end up having to go to court rather than his letting this proceed on consent you should seek an order for costs so that the father has to pay your costs for going to court.

Once you get the order varying the agreement you can provide that to the CRA.

Customer: replied 2 years ago.
Do I make an application in my own hand writing or do need to get a special form
Expert:  Legal Ease replied 2 years ago.
You need court forms.
Customer: replied 2 years ago.
Thank you. I am done with my question
Expert:  Legal Ease replied 2 years ago.

You are very welcome.