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Debra
Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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My common law spouse has taken my son out of BC, to Alberta,

Customer Question

My common law spouse has taken my son out of BC, to Alberta, without my consent. She is now filing for full custody from there. What can I do?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
How long has she been there with your son for?
Customer: replied 1 year ago.
Since October. We separated in June 2015, bit living in Chilliwack. I went away for work up north. While I was gone she left.
Customer: replied 1 year ago.
She led me to believe that we could work things out. I worked a job all winter where I was away for two weeks at a time, with one week off between (14 and 7 rotation ).
I was hoping they would come back. I spent many of those 7 days off in Edmonton staying in hotels. Hoping to see my son. Which was not always easy
Expert:  Debra replied 1 year ago.
So are you saying that when she moved in October that was supposed to be temporary and because you were away?
Customer: replied 1 year ago.
I was away working so I had no clue what was happening and no way to try and stop it.
She just decided on her own that she was going to move. After talking I started going to edmonton in my days off in hopes of seeing my son. My ex and I started talking and began to get involved romantically again.
It was my hope that they would come back to BC. She wanted me to move there. There were more disagreements and she served me custody papers just the other day.
Expert:  Debra replied 1 year ago.
The reason for my questions is that the custody application must be brought in the jurisdiction where your child habitually resides. So you can try and take the position that he does not live in Alberta but lives in BC.But what you really need to do is retain an experienced family lawyer who can try and take that position for you. And then you can at the same time contest her application for custody. Which ever court ends up hearing the case you will have to prove to the court that what you want is in the best interests of the child as will she. The lawyer will help you build your case on that basis.

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