Canada Family Law

Have a Canadian family law question? Ask a family lawyer.

Ask an Expert,
Get an Answer ASAP!

My daughter lost her interim motion to be able to take her…

Customer Question
My daughter lost her interim...
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: 2 years ago.Category: Canada Family Law
Show More
Show Less
Ask Your Own Canada Family Law Question
Answered in 3 minutes by:
1/21/2016
Family Lawyer: Legal Ease, Lawyer replied 2 years ago
Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 105,980
Experience: I am a practicing lawyer and have also been an online professional for 5 years.
Verified

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.

Ask Your Own Canada Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Legal Ease Your Own Question
Legal Ease
Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 105,980
105,980 Satisfied Customers
Experience: I am a practicing lawyer and have also been an online professional for 5 years.

Legal Ease is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest.

MonikaCanada

This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help.

MikeHalifax, NS

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tom B.

Tom B.

Barrister & Solicitor

78 satisfied customers

25 years in practice.

Legal Ease

Legal Ease

Lawyer

105,980 satisfied customers

I am a practicing lawyer and have also been an online professional for 5 years.

Jeremie John Martin

Jeremie John Martin

Lawyer

49 satisfied customers

I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.

Law Maven

Law Maven

Lawyer

20 satisfied customers

Lawyer & Instructor at Algonquin Careers Academy

LawyerProfessor

LawyerProfessor

Lawyer

836 satisfied customers

Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997

Sokkalaw

Sokkalaw

Lawyer

312 satisfied customers

Lawyer in Ontario, Canada

CaptanLaw

CaptanLaw

Lawyer

256 satisfied customers

I'm a criminal defence lawyer, who assists individuals charged with crimes.

< Previous | Next >

Related Canada Family Law Questions
I am looking at entering a motion to apply for 50/50 custody
I am looking at entering a motion to apply for 50/50 custody of my daughter. I lost a mobility case 5 years ago. I moved to Picton, ON with my new spouse and my daughter stayed with her Dad in Mississ… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
105,980 satisfied customers
LegalEase(N), Sorry to disturb u on weekend but could get
LegalEase(N),Sorry to disturb u on weekend but could get time otherwise.Update: hearing to be continued in 2nd week of next month. My lawyer went through all evidence to prep for hearing n now passion… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
105,980 satisfied customers
Me again... Okay so I am going to be filing to Vary
Hi! Me again...Okay so I am going to be filing to Vary Parenting on January 2nd, 201, and I plan to serve my ex-wife that afternoon with the service company.We have been having these disputes about Ho… read more
Ulysses101
Ulysses101
Litigator, Barrister and Solicitor
LLB
3,186 satisfied customers
I have been in a legal proceeding with my ex over child
I have been in a long legal proceeding with my ex over child custody (Ontario). She brought a motion for sole custody. We had reached a settlement conference which recommended a 50/50 split. We had ag… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
105,980 satisfied customers
My ex had 72% of the time with he 3 children for the last 3
Hello, my ex had 72% of the time with he 3 children for the last 3 years and I have been paying CS to her (she also has sole custody). Last week she signed on consent 50/50 with me (due to a miserably… read more
Ulysses101
Ulysses101
Litigator, Barrister and Solicitor
LLB
3,186 satisfied customers
My ex wife wants to retire from her job and move to another
My ex wife wants to retire from her job and move to another province, taking our daughter with her. We currently have joint custody and share equal time with the child, her place is listed as primary … read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
105,980 satisfied customers
I am looking advise because my daughter lost her interim
I am looking for some advise because my daughter lost her interim motion. The judge ruled that it should stay 50/50 shared custody until trial. Can this decision be appealed and what are her chances i… read more
Ulysses101
Ulysses101
Litigator, Barrister and Solicitor
LLB
3,186 satisfied customers
My daughter is going thru divorse and she has a 5 yr old and
my daughter is going thru for a divorse and she has a 5 yr old and a 3 yr old. she resides in a small town in rural Manitoba and the ex lives in the next town that is about 8 km away. currently they a… read more
Ulysses101
Ulysses101
Litigator, Barrister and Solicitor
LLB
3,186 satisfied customers
In the Children's Aid society in my previous e-mails the mother
In the Children's Aid society in my previous e-mails the mother brought a motion for full custody and support and the society was supporting her motion. The matter started with a motion by the CAS in … read more
Ulysses101
Ulysses101
Litigator, Barrister and Solicitor
LLB
3,186 satisfied customers
Children's Aid Society: My question is how many questions can
Children's Aid Society: My question is how many questions can I get answered at a time and what is the charge. I have a situation where the Society has perjured an affidavit 1 year ago to remove child… read more
Ulysses101
Ulysses101
Litigator, Barrister and Solicitor
LLB
3,186 satisfied customers
Hi there I reside in ontario, and am in the midst of going
Hi there I reside in ontario, and am in the midst of going through court for a family law matter. here is a bit of the background: My ex and I have never lived together (kind of a little bit of on and… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
105,980 satisfied customers
My Lawyer didnt defend me at all against a bad judge. Now I
My Lawyer didnt defend me at all against a bad judge. Now I have shared parenting time judgement. This judgment took 30secs. Judge didnt look or listen to anything. Now my son is threstening to run aw… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
105,980 satisfied customers
My very mature, stubborn 11-year-old wants to live with me
My very mature, stubborn 11-year-old wants to live with me in Victoria. The reasons she lists are the weather, superior schools, more activities she can do like archery and dance in school, she doesn'… read more
Law.Hut
Law.Hut
Lawyer
Law degree (Juris Doctor)
6,458 satisfied customers
I had a lawyer represent me during my custody fight. My lawyer
I had a lawyer represent me during my custody fight. My lawyer assured me that because I am a good mother I do not need to prove my ex's lies that the Judge sees this kind of thing all the time. My ex… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
105,980 satisfied customers
FOR DEBRA THAL Q: If, at the Pretrial Conference, the other
FOR DEBRA THAL Q: If, at the Pretrial Conference, the other party wins the adjournment, can I immediately APPEAL? How is this properly done? Can I immediately put forth a NOM to get the other party to… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
105,980 satisfied customers
I read somewhere that in Canada courts, there are two kinds
I read somewhere that in Canada courts, there are two kinds of cases, normal and special. In normal cases, the judges do not see any affidavits and do not allow cross examination, have very few minute… read more
Law.Hut
Law.Hut
Lawyer
Law degree (Juris Doctor)
6,458 satisfied customers
Was in a common law relationship for 10yrs, we have two children
Was in a common law relationship for 10yrs, we have two children and have been separated for one year with nothing finalized. We own a home together (the kids and I live in the home) that is still up … read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
105,980 satisfied customers
My ex won custody of my daughter and he wants to move to BC
My ex won custody of my daughter and he wants to move to BC with her. We have a court order that says I get every second weekend visitation and my father and mother get one weekend a month visits. We … read more
Law.Hut
Law.Hut
Lawyer
Law degree (Juris Doctor)
6,458 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x