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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 101044
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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I have never lived or actually dated my daughters bio dad.

Customer Question

I have never lived or actually dated my daughters bio dad. He's not on the birth certificate, he has a visitation order. It's my understanding that since we never lives together or dated, not has she ever lived with him more than a week at a time. Don need permission to take my daughter to the States. She's 12. Also he was recently arrested and is in jail right now. He's expected to pay bail eventually . I guess I don't feel like I should need his permission on anything.
Submitted: 10 months ago.
Category: Canada Family Law
Expert:  Legal Ease replied 10 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Legal Ease replied 10 months ago.

Unfortunately, your understanding of the law is not correct.

The law is that you either need to consent of the father or court order allowing you to move your child.

If I misunderstood and this is only to go to the states for a visit them if you have an order for sole custody you do not need his permission to go for the visit

Does that answer your question fully?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 10 months ago.
It's just a 10 day vacation. We already live in separate towns but that's by his doing. I was told that he HAD to give me permission when I don't believe that to be true. Now I'm in Alberta Canada so things may be different here.
Customer: replied 10 months ago.
That's the thing when we went to court in 2008 all I got was the paper stating his visitation times and such. The lawyer I spoke to once said that because she has never ever lived with him for 12 months in a row that I am her sole guardian. He simply gets to visit and he doesn't do that.
Expert:  Legal Ease replied 10 months ago.

You do have sole custody. But if you don't have an order for sole custody it is possible, though not likely, that you could be stopped at the border. If you have anything that shows that he only has visits that would be good enough for sure.

Expert:  Legal Ease replied 9 months ago.

Is there anything more I can help you with at this point in time?