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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99929
Experience:  Lawyer
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I am hoping to get some information on family law. Currently

Customer Question

Hello, I am hoping to get some information on family law. Currently I have shared custody, we have gone to mediation multiple times with no success. At the moment the parenting time is split 50/50, one week/one week. I have many concerns about my daughters well being while she is at her mothers home. The outcome I would like to see is, my daughter with me Monday-Friday and every second weekend and primary decision making. The reasoning for that is the mother is not doing school work with her during the week, my daughter as fallen behind, she is at a Gr.1 reading level when she should be at a Gr.3. There is also a past of physical abuse from the mother and I believe that is affecting my daughter. My daughter is in counselling and the counselor and I feel that the reason my daughter has anxiety, anger, low self-esteem and is having troubles using the washroom because of the mother. I am just wondering how I am supposed to go about this. I have gone to court before for the shared custody agreement and I felt that the judge really favoured the mother, regardless of what I have done and continue to do for our daughter. I feel overwhelmed going back but I know that this is best for my daughter.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Did the court order the shared custody or did you end up agreeing to this?

When was the order or agreement made?

What province is this please?

Customer: replied 1 year ago.
We have a mediated agreement through the queens bench for shared custody from 2011. It is in Alberta
When we went to court in January 2015 for child support the judge asked why we didn't have a custody agreement. So I feel like I may have a misunderstanding with how to get in initial agreement.
Expert:  Debra replied 1 year ago.

I don't know about that. If you had an agreement then it sounds like the Judge for some reason was not made aware of it.

In any event, if there is an agreement or an order, given the passage of time and given that your daughter is not doing well with the current arrangement it seems clear that there is a material change of circumstance which gives you the right to seek to vary the order or agreement.

If you can get a report from that therapist who can testify if necessary that would be great. But on top of that, this is going to be complex and so if you can at all manage it you should retain a family lawyer.

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