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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99980
Experience:  Lawyer
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Trying to find an answere to this question. My 6 year old daughter lives ouT of province

Customer Question

Trying to find an answere to this question. My 6 year old daughter lives ouT of province in NB and I live in Ontario. Usually I visit my daughter in NB and stay with them but this is very very uncomfortable. I asked the mother if I could bring my daughter to Ontario for a month in the summer and she flat out refused. Can she refuse this request?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
Are there any orders or agreements in place?
Customer: replied 2 years ago.
Yes......a separation agreement outlining financial and custody, etc. the mother has sole custody which she asked for and I agreed based on the fact I was in a different province. Fyi......she moved to NB from Ontario as the relationship broke down and she had family support there in NB......I did not contest this at the time. The separation agreement (we were not married) was mediated and signed with lawyer advice.
Expert:  Debra replied 2 years ago.
What did the agreement say about access?
Customer: replied 2 years ago.
It just said that I could visit anytime provided reasonable notice was given.
Expert:  Debra replied 2 years ago.
Then the mother does have this right at this point.But you can seek to vary the terms of the agreement based on a material change of circumstance, namely, the passage of time. You would have to show the court that is in the best interests of your child to have this visit with you. As time goes on there is no way a Court will say you have to visit the child at her mother's house. But it's not easy to say when a court would allow the full change that you want. It may be the court would say the changes should be done more slowly.

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