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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 100415
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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I am the primary caregiver of my 5 year old son, s father

Customer Question I am the primary caregiver of my 5 year old son, his father has recently came out of nowhere and served me with court papers stating that he wants part time custody of my son and alternating holidays and such. This is a man who has never spent any time with his son in the past 4 years what so ever, he has a history of violence and hard drug abuse, we have had court dates since he served me papers and we have had 5 visits at the local Mcdonalds so he could spend 2 hours a month with him As that's what the court has suggested. The first 2 visits he never even showed up at all, so for the third visit we never bothered to go as he didnt call or let us know he wouldnt be there and we didnt expect him to be there. So when we didnt show up for the third visit he called the cops cause i wasnt there. This has bin very confusing for my son as he has no idea who this person is that keeps demanding my son call him dad. Im really looking for some help as everyone tells me theres nothing i can do. I am asking this, me and my boyfriend are wanting to move back to BC as that's where we are both from, we have a one year old together and we are also expecting as we are actually due tomarrow, and we have family there that can help support us and my boyfriend has a job there waiting. Is there any way that us moving away from Alberta and moving back to BC is illegal and that I could be charged with something for taking my son away from Alberta? Could they put out a warrant or anything for me to bring me back to Alberta?
Thank you
Submitted: 1 year ago.
Category: Canada Family Law
Expert:  Legal Ease replied 1 year ago.

You cannot move your child from the jurisdiction without a court order unless the father consents.

That is not to say you cannot go back home to have the baby but you cannot move back home at this point in time. If you do the father can seek an interim order for sole custody and have the police bring the child back to Alberta as this can be considered to be parental abduction.

You should be keeping accurate records of what the father does as his failure to show up to two of the visits is very, very important for you to tell the court.

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