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Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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Given that this is a long weekend I have made plans to be away

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Given that this is a long weekend I have made plans to be away with my son as it is my access weekend (normally from Thurs evening to 9 am Monday morning). There is nothing court ordered with regard to long weekends as of yet and we had planned to be away until 5 pm Monday evening at which time I was planning to return him to my spouse. What would be the result from a a legal standpoint to both myself and my custody access if he was not returned until 5 pm?
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Is there an agreement or order?

And will the other parent consent to your keeping your son longer?
Customer: replied 3 years ago.

There is nothing written in the access order with regard to long weekends. She is demanding I return him at 9:00 am Monday morning as per our usual weekend access.

If there is an order that you have to return the child at 9 each time you have access then you would be in breach of the order if you don't.

What you will need to do, for the future, is bring an application to vary the order so that it includes holidays weekends.

But why don't you try and make a deal with her that if you get this weekend she gets another for example?

Or tell her that if you need to bring the child back you will be going back to Court. That may work.

I don't know where you live but it may be possible to get into Court now, on an urgent basis, and get heard before the weekend. You can call the court and ask.
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Customer: replied 3 years ago.

Thanks for the response. She is attempting to alienate me at every opportunity and she is unwilling to be flexible on any issue. I have taken her to court over other issues and unfortunately that does not deter her. She has had him for several long weekends now and it iseems unfair to me. I will address it by bringing forward an application to the court to ammend the current order.

It's not fair and it will hurt your child so you need to stop this now.
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Thanks and take good care!
Customer: replied 3 years ago.
We have a court date for this Driday relating to our boat. I filed the motion but I have not yet been served with her reply.
If I accept her response today (being less than the minimum 4 business days required) does that in any way mean I am in agreement to accepting her late paperwork and am willing to overlook it?

Yes it does.

But if you don't she may try and ask for an extension and will likely get this unless she does this all the time.
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