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Answered in 2 hours by:
9/6/2012
VerifiedDebra Thal (username) :
It sounds like she wants the children to live with her. \
Debra Thal (username) :
I would have to read all the documents to know exactly what she wants.
Debra Thal (username) :
What you have to do is respond and claim joint custody for yourself.
Debra Thal (username) :
It would be best to retain a family lawyer at this point.
Debra Thal (username) :
If you cannot afford a family lawyer you should at least have an initial consultation with a family lawyer in your city,
Debra Thal (username) :
You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.
The number is:
1-800-661-1095 or
403-228-1722 in Calgary
Debra Thal (username) :
If you have to self-represent you can get some help here:
Debra Thal (username) :
Debra Thal (username) :
What you should start thinking about is how you will prove to the Court that it is in the best interests of your children for you to have joint custody.
Customer:
What does "Police enforcable" mean?
What are my rights concerning the children if she has "Primary Custody"?
Parenting items that are being ironed out in Alberta now, should these items be addressed along with the custody application in BC?
Will this need to go to court?
Do I need a lawyer in court?
Debra Thal (username) :
Police enforceable means if you breach the order the police will help her and vice versa.
Debra Thal (username) :
It depends on what the Order includes regarding your rights
Debra Thal (username) :
But it sounds to me that she wants the kids to live with her and presumably you would have some access and she would make the decisions.
Debra Thal (username) :
But you can say you want the kids to live half and half or even live with her more but have equal say in decisions, for example.
Debra Thal (username) :
I don't know why there are two provinces involved but the Court in the jurisdiction where the kids habitually reside is the Court that has jurisdiction.
Debra Thal (username) :
And if she served you with papers then it does not look like she is trying to iron out an issues any more.
Debra Thal (username) :
At this stage unless you consent to this or are able to come to some agreement so she withdraws her application this is going to Court.
Debra Thal (username) :
You should retain a lawyer for Court if at all possible though legally you have the right to self-represent.
Customer:
The phone numbers you have given me are for the Law Society & the Lawyer Referral Service is for Alberta. Would it be possible to get a phone numbers for a lawyer Referral Service for BC?
Debra Thal (username) :
You can contact the BC Branch of the Canadian Bar Association and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be $25.
The number is:
604.687.3221 or 1.800.663.1919.
Customer:
Thank you for this information. If I fill out the application for Joint custody with the childrens mother listed as primary care giver what will my rights be concerning the girls? Will I be able to address visitation issues when the application goes to court?
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