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Thanks. Situation - Father and his biologicial children

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Thanks. Situation - Father...

Thanks. Situation - Father and his biologicial children moved out the of the home with my daughter and their biolgical child (which she still has). The siblings are all missing each other, but i know that my granddaughter has no rights or protection if she gets in the hands of the dad, he doesn't have to return her.

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I am getting harrassed daily by his parents to bring her for a visit. We have been told by many not to do it as once out of the mom's care and view, he has just as much right to keep her as she does and he doesn' even have place to live yet. All his other children at staying the his parents

Submitted: 1 year ago.Category: Canada Family Law

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3/29/2022

Family Lawyer: JosephE322, Lawyer replied 1 year ago

JosephE322, Lawyer

Category: Canada Family Law

Satisfied Customers: 6,644

Experience: Expert

Verified

Hi and thank you for using JustAnswer. My name is ***** ***** I will be assisting you with your question.

I am licensed Canadian lawyer, and this conversation is for informational purposes only. I kindly ask for your patience as some questions take longer to answer and I may have to do legal research. I may be away from my desk from time to time, but rest assured I will always return back as soon as possible. If at any point during our conversation you don’t understand something, please let me know so that I can clarify.

Customer reply replied 1 year ago

My daughter and her partner are separated and his three biological children from another marriage have been removed and are staying with his parents. He has sole custody of them. know we have little we can do for them even though she has been their stepmom for half their life. The biological child they have together is still in her care and we are getting harassed for visitation with nothing in place legally saying that he would have to return her. We need to get something in place to protect her otherwise we have heard he will take her and not give her back. She misses her siblings terribly but we are scared of losing her what do we need to do ASAP to get protection in place so that the siblings can see each other soon whether this fearsorry we have no money and the state of the home and property that he left it in is keeping and draining what we have. We are just trying to protect our granddaught.helllo

Family Lawyer: JosephE322, Lawyer replied 1 year ago

Hi there - sorry for the delay. I'm reviewing your information and working on a response.

Customer reply replied 1 year ago

thanks....don't know if you need to know but we are in Nova Scotia

Family Lawyer: JosephE322, Lawyer replied 1 year ago

If you have concerns that the father will not return the child, then your daughter must obtain a custody order from the court which would specify the rights of the parents and that can be enforced by the courts and the police.

Customer reply replied 1 year ago

how do we do that

Family Lawyer: JosephE322, Lawyer replied 1 year ago

She can retain a local family lawyer family to start a court action. If she doesn't make enough money to afford a lawyer, she can apply for legal aid using this link: https://www.nslegalaid.ca/online-application/

Customer reply replied 1 year ago

or i should say how does she do that. She did most of the paperwork to get custody of the other 3 children for their father, but this is a little different and we are all running around like chickesn with our heads cut off. She has contacted legals aid (firstlly to get visitation or access to the siblings) then we realized she may need paperwork for her little girl. \okay, so we have to wait and depend on legal aid :( okay thanks but at least i know what to call it know. Custody Order? right? Maybe i can look into getting the paperwork at least. Thanks.

Family Lawyer: JosephE322, Lawyer replied 1 year ago

Yes, she and her lawyer would commence a court action with the N.S. Supreme Court Family Division. Here is a link to the forms: https://www.nsfamilylaw.ca/custody-access/getting-or-changing-custody-access-order/forms

The forms should be completed by the lawyer.

Customer reply replied 1 year ago

Thanks :) for your help. Thats it for today. Thanks

Family Lawyer: JosephE322, Lawyer replied 1 year ago

Thank you for using JustAnswer. I wish you the best of luck. If you have any follow up questions about this matter, please do not hesitate to reach out to me.

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