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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100416
Experience:  Lawyer
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I'd like more information about mobility regarding a family

Customer Question

Hi there,
I'd like more information about mobility regarding a family matter. My son is 5 years old. I have been the primary caregiver all his life. I take care of all things for him and dad only sees him on supervised visits either at my house for an hour or at grandparents house 1x per week. Dad lives with a couple friends, so he doesn't have a place right now, nor works a schedule that would allow him to have any overnight time with our son. My boyfriend and I both have graduated from secondary education, my job allows me to work remotely and he is now working out of province and would like me to consider moving there to save money and combine our incomes to buy a house and return back to the province. We do not have any sort of custody agreement or court agreement in place, what are my options and rights as the mother and primary caregiver.
Submitted: 1 year ago.
Category: Canada Law
Customer: replied 1 year ago.
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Customer: replied 1 year ago.
Just wanted to add in that his father does pay support of 300/month
Expert:  Debra replied 1 year ago.

Does he ensure that he has these weekly visits?

Why are the supervised?

Why are the visits for only one hour a week?

Customer: replied 1 year ago.
Hes never really taken our son 1:1 since he's been born. His parents do everything for him, including that they always ensure when he does have him 1 evening per week that it has him to be at his parents house in which they control and monitor everything because he doesn't have a proper living situation for our son, or really the capability of being able to care for him by himself. He's never really shown the motivation to parent on his own. At times I will check on Thursday evening to see how things are going and his dad hasn't even got there yet and it's past dinner or he leaves right after dinner. Doesn't take a interest in much other than playing with him for a short amount of time. Gets flustered easily and has difficulty being calm always with Tristan when he's acting up. The problem is his parents try to be very involved. He lived at his parents house on and off and so there was more time spent there with him but he's gotten kicked out multiple times and they've gotten pretty abusive verbally and physically even towards each other. The last time was a few months ago and he got kicked out and hasn't gone back so he's really unable to take Tristan and hasn't tried to. He comes and watches Tristan for me one hour per week on his own which is inconsistent and usually I will have to ask in order to get groceries or something. Other than that if I need a hand grandparents will offer.
Expert:  Debra replied 1 year ago.

It is very difficult in most cases to convince a court to allow a parent to move a child away from another parent. The reason why is that the court must makes its decision solely based on what it determines to be in the best interests of the child. And generally, it is considered best for children to live in close proximity to both parents so that both parents can be involve in the children's lives in meaningful ways.

Your fact situation sounds like you have a stronger case than most parents do, because it seems like you have a father who does not have much interest in being involved in the child's life. For this reason you may very well be able to succeed in getting a court order allowing you to move your child. Your next step should be to retain a family lawyer who has a great deal of experience in mobility rights cases. In fact, you should try to retain the most experienced lawyer you can afford.

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