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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99929
Experience:  Lawyer
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I have a 3 1/2 year old daughter, her mother and I separated

Customer Question

I have a 3 1/2 year old daughter, her mother and I separated 21 months ago, she has remarried and my daughter lives with her full time. due to work I was on a 20 and 10 rotation my daughter was able to stay with me while I was home but due to work shortage I am now home full time and would like to have my daughter 50/50 but due to the lies she has told the court and my lawyer quitting I am only able to see her every second weekend. one of the reasons the judge granted this is because she told the judge that my daughter becomes very stressed during the transition I have video evidence that shows on many occasions that the reason she is so upset is because she is going home to her mothers house and she makes it very clear that she doesn't want to leave I also have video of when I pick her up form the meeting point and she is clearly very happy to see me and come home with me, I was wondering if this is going to make any difference in the eyes of the judge
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Yes it will make a difference. Your child, like many children, doesn't want to leave the parent she is with as she loves both of you.

You have the right to apply to court to vary the order because there has been a material change in circumstances given that you are now home full-time.

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