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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100372
Experience:  Lawyer
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Our grandson (age 14) is living with us since April 12th this

Customer Question

Our grandson (age 14) is living with us since April 12th this year as he wanted to finish school here. Our daughter moved to Alberta with her other son. Our grandson has expressed his desire to remain here in our home and does not want to go to Alberta. Can he stay?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
What does your daughter say?
Is there a father ?
Customer: replied 2 years ago.
My daughter has removed herself from the family . The relationships she has been in and is now in is abusive and we will not be a part of it. She has allowed the boys to be a part of our life now and then when it suits her needs, They come here and are very closed off. Now she is moved away with her youngest son and this man. Yesterday our grandson spoke to us and said he does not want to go to Alberta. We thought it was because of his friends, school etc. but he spoke of things she says to him and how he is treated ...not nice at all. We don't know why he was allowed to stay with us. Our grandson has a father he hasn't seen a lot but they do text. My grandson says he likes him as he is nice to him and quiet like he is.
Expert:  Debra replied 2 years ago.
Is there an order or agreement with respect to custody between the mother and the father?
Customer: replied 2 years ago.
My daughter has full custody and full guardianship.
Customer: replied 2 years ago.
The father was a one night stand....
Expert:  Debra replied 2 years ago.
There is no way that your daughter can force a child of this age to come home. The police will not drag this child home to her mother. So as long as it is clear that this is coming from the child and not from you you will not be faced with any legal consequences of keeping the child. It would be best for you to seek a custody order for the child. At 14, the child's wishes will be given considerable weight, and it is very unlikely that any court would make an order contrary to the child's wishes, especially since the court would know that it is not in the child's best wishes to compel the child to live where he does not wish to live. As well, the court will not make an order that is essentially non-enforceable against the child but rather only enforceable against you.
Customer: replied 2 years ago.
Why would I need a custody order?
Customer: replied 2 years ago.
I had hoped our grandson could talk to his mother and she would hear his heart. It would be better for the family all around if we could get along especially concerning our grandson.
Expert:  Debra replied 2 years ago.
You would need a custody order so that you can show anyone who needs to know that you can make decisions about the child.For example, the parent or legal guardian has to sign documents for school at times, such as when consents are needed for trips. You may need to sign a passport application or consent for a dentist or doctor. And you should be getting child support from both parents for example.

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