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ulysses101, Lawyer
Category: Canada Family Law
Satisfied Customers: 3502
Experience:  Over 10 years litigation experience in family, criminal, and civil law
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I have two boys - 17 and 12. The youngest doesnt go with

Customer Question

I have two boys - 17 and 12. The youngest doesnt go with their father because he doesnt feel safe. My oldest went, he came home and informed me that his father proceeded to get drunk at a the returant they were at and as well got cut off from service. Then drove with my son home and then proceeded get stoned with him there. What can I do legally....
Submitted: 2 years ago.
Category: Canada Family Law
Customer: replied 2 years ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  ulysses101 replied 2 years ago.

Hello, thank you for the question.

I don't do phone calls, I'm afraid. I think it's better for the customer to have our communications in writing that you can refer to later and so there's no confusion.

If you'd like me to continue, please tell me what province you are in and what you'd like to accomplish.

Expert:  ulysses101 replied 2 years ago.

Shall we continue with your matter? If not, that's fine.

Customer: replied 2 years ago.
Can we please continue
Customer: replied 2 years ago.
Sorry I live in alberta
Customer: replied 2 years ago.
I would like to know if I have a case for soul custody?
Expert:  ulysses101 replied 2 years ago.

Yes, we can continue perfectly well. Thank you for replying.

There's little point in arguing over custody over a 17 year old, but the 12 year old is certainly open to debate.

Before we get into the strategic details, please tell me what the custody arrangement is now and what you hope to gain by taking your ex to court.


Customer: replied 2 years ago.
I have day to day parenting and he has every second weekend. But he is never consistent. The 12 year old doesn't want to go because apparently his dad displined him by hitting his leg and spanking him where marks were left. I know it's pointless to argue with my oldest but my youngest is also type one diabetic and does require someone to be very attentive to him. My concern is I don't feel like that will be met and to be honest I don't trust him
Expert:  ulysses101 replied 2 years ago.

I can appreciate that. What sort of time sharing / access schedule do you want to see? Changing custody / guardianship doesn't affect your concerns.

Customer: replied 2 years ago.
I would like soul custoday
Customer: replied 2 years ago.
My youngest does not want to go anymore and refuses to go
Expert:  ulysses101 replied 2 years ago.

I understand, but you need to get a few things straight before you go charging to court.

Custody and guardianship are about decision making authority over children. That's completely separate from the time sharing schedule, or access, or whatever language is used.

Even if you got sole custody, that doesn't give you the right to cut off access unless the order says so.

So, let's start at the beginning. What is the custodial order or arrangement?

Customer: replied 2 years ago.
I've guardianship and he has visitation rights for every two weeks. I have all the other parenting rights hence to make all the decision in regards ***** ***** boys
Expert:  ulysses101 replied 2 years ago.

Is there a court order? If so, which court made the order, and what does it say about custody/guardianship and access / time sharing?

Customer: replied 2 years ago.
the court of Queens bench and I will dig it out and attach a copy tomorrow
Expert:  ulysses101 replied 2 years ago.

OK, thanks for that. I'll wait to hear from you.

Expert:  ulysses101 replied 2 years ago.

I hope you've found that order. It's important to know exactly what the order says.

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