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Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3520
Experience:  11 years experience in Canada family law, plus criminal, civil, and employment
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My Sherenne
, I just have a family law question My

Customer Question

Customer: Hi my Sherenne
JA: Thanks. Can you give me any more details about your issue?
Customer: I just have a family law question My fiance's child's mother will not give him consent for his daughter to attend our wedding. What does he have to do to get a court consent She refuses to let him travel with even across the boarder to the US on his weekends
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $39) to post your type of question to Canada Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: Sure. I just want to know if I should tell him to head to the court house
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Submitted: 1 year ago.
Category: Canada Law
Expert:  Ulysses101 replied 1 year ago.

Hello Sherenne. What is mother's objection to the child attending the wedding?

When is the wedding?

Customer: replied 1 year ago.
The wedding is in April 2016. We have gave her notice in April of 2015. Because its during school. However, she has taken her out of school and not notified her father.
Expert:  Ulysses101 replied 1 year ago.

What is mother's objection to the child going?

Who has custody of the child? Is there a court order or something in place?

Customer: replied 1 year ago.
Her only objection is that its a week is a long time for her to be out of school.
Expert:  Ulysses101 replied 1 year ago.

How old is the child, what grade in school?

Customer: replied 1 year ago.
She has sole custody and he has access. He wants to take her back to court for joint custody
Customer: replied 1 year ago.
The child is 7 in grade 2
Expert:  Ulysses101 replied 1 year ago.

Missing a week of grade two isn't the end of the world. Mother clearly doesn't want the child to go.

So if mother won't agree then father has to take her to court for permission to travel with the child. If he wants joint custody, now is the time to ask for it too.

If father has a lawyer, even better. He'll need to bring a motion to change a final order, plus a motion for a temporary order allowing the wedding trip.

Is there anything else you'd like to discuss about this topic?

Customer: replied 1 year ago.
How much would the cost of the temporary motion cost?
Customer: replied 1 year ago.
Would the court grant him a consent that would include the US?
Expert:  Ulysses101 replied 1 year ago.

If the mother won't agree, then the court will make an order when his motion is heard. If the parents can agree on something then it'll be on consent.

I can't tell you what a lawyer would charge. It depends on the lawyer and how much time this takes. Perhaps just getting the lawyers office to do the paperwork would be enough, it depends on how much money you are willing to spend on this.

Expert:  Ulysses101 replied 1 year ago.

Is there anything else about this topic that you'd like to talk to me about?

Customer: replied 1 year ago.
Is there a court fee involved?
Expert:  Ulysses101 replied 1 year ago.

It's possible that there are some filing fees, depending on which level of court you go to. You have to go to the same court level which made the order you're trying to change. So if the order involves a divorce or property division then it would have been made in the higher court and there might be some filing fees.

You want to get this done right the first time, so whether you hire a lawyer to represent you, or just get a lawyer's office to do the paperwork for you, they'll give you those details.

If there's anything else then please reply. If not, then can I have a positive service rating please? That's how I get credit from the site for helping you today.

Expert:  Ulysses101 replied 1 year ago.

Hello Sherene, have you read what I wrote to you? I haven't heard back.