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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Family Law
Satisfied Customers: 78
Experience:  25 years in practice.
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I am a UK citizen. My son Hayden is 16 years old and is a UK

Customer Question

Hi. My name is ***** ***** I am a UK citizen. My son Hayden is 16 years old and is a UK citizen but holds a Canadian permanent residency. His mother is a UK citizen and also holds a Canadian permanent residency. His mother and I are divorced. Under UK family law Hayden would have the legal right to choose which parent he lived with. I understand that for Canadians in Alberta there is no hard and fast age and if the parents can't agree then the courts will decide and that the older the child is the greater weight would be attached to his wishes. I can find this all on the internet reasonably quickly. What I can't find easily is whether UK family law would take precedence here as we are all UK nationals or whether the fact that Hayden has a permanent resident card would mean that Alberta law would take precedence ? Trust that makes sense? Thanks. David
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Alberta, Canada
JA: Have you talked to a lawyer yet?
Customer: Not yet. I'm trying to establish the facts as best I can before engaging a lawyer
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not at the moment.
Submitted: 10 months ago.
Category: Canada Family Law
Expert:  ulysses101 replied 10 months ago.

Hello, thank you for the question.

Are you all in Alberta, living and working there?

How long has Hayden been in Alberta?

Is there an order out of a UK court?

Expert:  ulysses101 replied 10 months ago.

I'm here if you want to discuss this matter with me.