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I share my son 50/50 with his Dad. Dad and his girlfriend…

Customer Question
I share my son...

I share my son 50/50 with his Dad. Dad and his girlfriend had child services aprehend the children for cocaine use last year. I am waiting for the documents from my FOIP request. Since then, Dad refuses to communicate about anything including withholding information like his adress, where our son resides while he is with his Dad. He also has not paid any special expenses for over a year and is putting me in a difficult position financially as I am getting to the point where I may have to quit my job because I cant solely afford daycare for much longer. Our son has been falling behind in school amd his teachers are concerned he wont succeed. Dad wont discuss any of the latter. I am beginning to think it might be best that I apply for a Parenting Order that would give me the majority care and control of our son. Will the Court consider all these things as justifiable enough to grant such Order?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

Yes. We have a history of applications that didnt really result in anything. We had a special chambers hearing booked that was adjourned around the time child services got involved

Lawyer's Assistant: Family law varies by province. What province are you in?

Alberta

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

Im curious as to what i can ask the court for in regard to relief from his provocation

Submitted: 3 months ago.Category: Canada Family Law
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Answered in 6 minutes by:
3/23/2018
Family Lawyer: Legal Ease, Lawyer replied 3 months ago
Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 105,570
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 3 months ago

I am sorry to hear this.

Hold old is your son?

When was the 50/50 order made?

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Customer reply replied 3 months ago
He is 6. The 50/50 Order was made 2013 I believe
Family Lawyer: Legal Ease, Lawyer replied 3 months ago

There are ample reasons to show there has been a material change of circumstance which is what you must be able to do to get in the door. He is older, he is not doing well, the father doesn't allow communications during the time the child is with him etc.

There seem to be good grounds for getting an order to vary the existing order. The cocaine issue should be raised for sure but really you left it too long to be able to rely on that incident.

But the whole picture is compelling. However, if possible it is by far more prudent to retain your own lawyer than self-represent.

Does that help as a starting point?

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.

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Family Lawyer: Legal Ease, Lawyer replied 3 months ago

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

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