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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 101381
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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3 years ago my wife took my daughter to Canada to live with

Customer Question

3 years ago my wife took my daughter to Canada to live with her, leaving her two older kids with me. My girl (11 at the time) was tricked into this new life and I stupidly agreed on the proviso that if she wanted to return her mum would let her.After 6 months my daughter came home for the summer holidays and begged me not to send her back so we went to the courts where the Haig convention was enforced. My ex wife lied threw her teeth to the judge even calling her elder daughter a liar. When they returned to Canada they moved to the other side of the country. Since then my daughter has continued to live her life waiting for the day when she can come home. She is 14 in November and is begging me to get her home she is about to move into her 3rd house in 3 years and in doing so also her 3rd school she is fed up and almost depressed. Her mum refuses to let her return home and will not let her even visit. I don't know how I go about taking action to get to court in Canada & get her home
Submitted: 2 years ago.
Category: Canada Family Law
Expert:  Legal Ease replied 2 years ago.

Is your daughter prepared to tell the mother or else someone like a psychologist that she wants to live with you?

Customer: replied 2 years ago.
she would be prepared to say she wants to live with me. She has said this in the past to cafcas in the uk.
Expert:  Legal Ease replied 2 years ago.

A child of 14 can essentially live where she wants to live for the most part.

It would be exceedingly rare for a court to require a child of that age to live with a parent she does not wish to live with. It would almost be unheard of. At 14 her wishes would be given paramount weight.

So if you brought an application to vary the custody order seeking sole custody of the child and permission for you to move her to the UK it is almost a certainty that you would succeed.

You would have to bring this application in the city where she lives currently.