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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99931
Experience:  Lawyer
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My sister in law is separated from her husband. Visitation

Customer Question

My sister in law is separated from her husband. Visitation with my nephew ended today and the father refuses to return him. She does have a lawyer but can't get reach him. Where does she stand and how can she get her son back in time for school tomorrow?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

How old is the child?

Why is the father doing this?

Is there an order or agreement with respect to custody and access?

If there is an order is it police enforcible?

Customer: replied 1 year ago.
The child is six.
I can only speculate as to why the father is doing this. There are two children involved, one refuses to see him. I believe he is refusing to return the child just to cause the mother stress.
Lawyer was given retainer Thursday. The mother has a meeting later in the week once paper work is drafted.
Customer: replied 1 year ago.
I notice there is a call option. Are you located in Canada?
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
My email address is not being accepted. You can reach me at***@******.***
Expert:  Debra replied 1 year ago.

I am a lawyer in Canada. However, I cannot speak to you on the telephone. The rules of my law society prohibit me from doing this because you are not my client.

I suggest that the mother called the police. She should say that the father is refusing to return the child back to his habitual place of residence, she is concerned that this may amount to a parental abduction and that he will miss school tomorrow.

The police may say that they cannot do anything without a court order but there are times when the police will interfere, especially when there is a young child . At the very least the police may agree to at least attend at the house of the father to ensure that the child is OK.

Thr mother should also leave a message for the lawyer. She should tell the lawyer on the message that while she is seeing the lawyer on Thursday the matter has become urgent and she believes that there may be an issue of parental abduction because the father is refusing to return the child and she needs tonspeak to the lawyer at once even though she's not seeing the lawyer until Thursday

Customer: replied 1 year ago.
Thank you for your advice
Expert:  Debra replied 1 year ago.

You are very welcome.

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