Canada Family Law
Have a Canadian Family Law Question? Ask a family lawyer.
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.
Shall we continue with your matter? If not, that's fine.
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.
I can appreciate that. What sort of time sharing / access schedule do you want to see? Changing custody / guardianship doesn't affect your concerns.
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?
Is there a court order? If so, which court made the order, and what does it say about custody/guardianship and access / time sharing?
OK, thanks for that. I'll wait to hear from you.
I hope you've found that order. It's important to know exactly what the order says.