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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 100426
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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My daughter lost her interim motion to be able to take her

Customer Question

My daughter lost her interim motion to be able to take her kids to killarney mb where she moved. The ex lives in treherne mb. My daughter is a nurse and has shift work. The judge ruled that the 50% shared custody must stay in effect until the trial. First question is, is there an appeal that she could do and secondly what are her chances of winning a trial when she lost her interim motion.
Submitted: 1 year ago.
Category: Canada Family Law
Expert:  Legal Ease replied 1 year ago.

She can appeal but it will be very difficult and expensive. She will not likely succeed in the appeal without a lawyer. This becomes complex as she needs to find an error in law or she cannot succeed in the appeal.

Whether she will win at trial or not is not certain but given that she didn't succeed now and given that the status quo will have to remain until trial her chances are not great.

She has to show that moving the children away from their other parent is in their best interests and given that the share custody that will be exceedingly hard to do, especially as time goes on, unfortunately.

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