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Ask Legal Ease Your Own Question
Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 99929
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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I need some help on my custody issue over my child

Customer Question

I need some help on my custody issue over my child
Submitted: 1 year ago.
Category: Canada Family Law
Expert:  Legal Ease replied 1 year ago.

Please provide me with the basic facts and then your specific question. Also please let me know your province.

I can then provide you with all the legal information you need as I am a senior family lawyer.

Customer: replied 1 year ago.
I have a court order with my ex over shared time with my daughter I was in fear of my daughters safety Saturday night and I did not return her. I have just been informed by child services that my ex was cleared by a doctor and that she seems to be fine. I have been told now I breaches a court order and that was not my intent I just want to know should I just return my daughter or is there something else I should be doing also. Because I have breached a court order what does that mean my ex can do or her lawyer can do. I'm in bc
Expert:  Legal Ease replied 1 year ago.

Are you saying that you had a concern about the mother's mental state and so kept the child and then if so did you report this to child services?

Are you still afraid for your child's safety now?

Do you have your own lawyer?

Customer: replied 1 year ago.
I stated that. I did not return my daughter like I was supposed to because of fear of my daughters safety. I spoke with child services and they took my ex to a doctor the doctor cleared her. Child services suggested she is of stable mental health and it would be safe to return her. I'm considering doing this. But is there something else I should do and keep my daughter and can I legaly do that. Also because I broke a court order what could happen can the cops remove my child from me? Just a bit of information plz
Expert:  Legal Ease replied 1 year ago.

The cops cannot do a thing unless the mother gets a police enforceable order.

But it would not be because you broke an order but because the mother has an order the police can enforce.

If you are afraid for your child's safety then you can bring an application to the court on an emergency basis seeking an order for interim sole custody. You can do this on an ex parte, without notice, basis.

Then in a few weeks you and the mother would both have to come to court to deal with this. You would have to prove that it is not in your child's best interests to live with the mother at this point in time.

Customer: replied 1 year ago.
even tho I broke a court order her lawyer can not go to a judge today and have an order in place and have the cops sent to take my daughter to her mother from me it would have to be a trail?
Customer: replied 1 year ago.
If I wanted to make this order how do I go about that I know I just go to the court registery and have a paper filed but what paper would that be and seeing how child services stated she is ok in there eyes would that be a poor choice on my pary
Expert:  Legal Ease replied 1 year ago.

The lawyer can go to court on an emergency basis and seek sole custody on an interim basis just the way I am suggesting you handle this now.

So this is why you need to do this if you are afraid for your child's safety.

If you can prove your fear is legitimate no judge is going to say you were wrong about not handing over the child. A child's safety is always paramount.

Expert:  Legal Ease replied 1 year ago.

I missed your other post.

Child services is not the decision maker. It would be better if they agreed with you but they don't like to get stuck in the middle of custody issues and they are not the final decision maker.

If you can bring in your own evidence that would work fine.

Customer: replied 1 year ago.
Would you be able to send me something for what the letter would look like or where to find it online. I should probably do this today cause I was told that her lawyer could get a motion by a judge with police assistance and have my daughter taken from me and continue the order
Customer: replied 1 year ago.
all I do is just go to court registry and say I want an emergency interm sole custody order?
Customer: replied 1 year ago.
I don't have a lawyer and I would not be able to get one before the end of the day
Expert:  Legal Ease replied 1 year ago.

You can attend at the courthouse on your own, say you need to bring an emergency application for safety reasons and try and get before a judge today.

What you were told the lawyer can do is what I am telling you that you can do essentially.

Whether the lawyer has time to do this today when it is the first day back from holidays is another issue. But if you can do it today or your own go ahead and try.

Customer: replied 1 year ago.
Ok so I can do this at the court registry right not in a court room we don't have court every day in our town I think it's once a week. And what do I need to take for information
Expert:  Legal Ease replied 1 year ago.

What you do is go to the courthouse office. Explain what is going on. Ask how to see a judge on an emergency basis.

The way this works in bigger cities at least, is the clerk will speak to a judge and see if the judge is willing to hear from you, at once, without notice to the mother.

If that judge agrees you would then be told what time you can see the judge.

You would then tell the judge the story.

Bring any order or agreement you have and be ready to tell your story under oath.

Customer: replied 1 year ago.
Ok thank you very much
Expert:  Legal Ease replied 1 year ago.

You are very welcome.

Please let me know what happens.

Expert:  Legal Ease replied 6 months ago.

I can see you asked for more help but didn't really get it.

I am very happy to continue to help you.

Please rate this post.

Then start a new post but this time put my name into the question, it is Legal Ease. Then I will be the one to help and will provide actual help rather than say I cannot and read this....

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