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My 6 year old son goes to his dad every other weeken last…

Customer Question
Hello my 6 year...

Hello my 6 year old son goes to his dad every other weeken last weekend i had his neighbour contact me with some concerns for my son. his home is filthy and he smokes around my son. there was a mouse found in my sons bed and he didint change the sheets or anything i want to know if i have legal rights to say he caznt go back to his home and then go to the courts to change our parenting order. or if i have to go and change the order first

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

I live in Alberta Canada

Lawyer's Assistant: Have you talked to a lawyer yet?

Not as of yet he is suppose to go to his dad this weekend and i want to know what i cant do right now to protect him before going to court

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I dont think so

Submitted: 7 months ago.Category: Canada Family Law
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Answered in 7 hours by:
11/27/2017
Family Lawyer: Legal Ease, Lawyer replied 7 months ago
Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 105,593
Experience: I am a practicing lawyer and have also been an online professional for 5 years.
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Family Lawyer: Legal Ease, Lawyer replied 7 months ago

I am sorry to hear this. It sounds unbearable.

Is there an order or agreement with respect to custody and access?

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Customer reply replied 7 months ago
I am the custodial parent and he has access everyour other weekend
Family Lawyer: Legal Ease, Lawyer replied 7 months ago

But is this in a court order or just an agreement?

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Customer reply replied 7 months ago
Court order
Family Lawyer: Legal Ease, Lawyer replied 7 months ago

Then unless you believe this is really a matter of safety you cannot breach the court order but must bring an application to court on an urgent basis to vary the order based on this material change of circumstance.

In fact if you are very, very worried then you may be able to vary this agreement on an emergency basis for the interim without providing the father with notice of the application.

I suggest you attend the courthouse and speak to a clerk and say you need to bring an emergency application so your child is not at risk of harm and see if they can get you the hearing.

If not you would ask for a date for an urgent hearing and serve the parent with the notice of application.

Does that help as a starting point?

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