How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Debra Your Own Question
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100364
Experience:  Lawyer
Type Your Canada Law Question Here...
Debra is online now
A new question is answered every 9 seconds

My ex wife left to go to the States from Canada (Alberta)

Customer Question

My ex wife left to go to the States from Canada (Alberta) and has not had any physical contact with the children (ages 12, 13) for over two years and no written (email) or voice (Skype, phone, FaceTime) in over 6 months (for our daughter only) and not in 2 years for our son. I have all decision making rights (she signed that consent). I was wondering how my new wife (of 2.5 years and we have 2 children together) and I can get full custody of the children.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Would the mother consent?

Customer: replied 1 year ago.
She probably would not agree, but I do not have any contact information for her and haven't had contact with her in 2 years either. I have no idea of her phone number or where she is living
Expert:  Debra replied 1 year ago.

You will have to apply to the court for a court order. And that would require serving her personally. But, if you cannot then you will have to get an order for what is called substituted service. What this means is that you have to prove to the Court that you tried your best to find her and if you can prove that then the Court will allow you to serve her through an alternative way, such as serving her family, advertising in the local paper, social media etc.

But, you do need to be able to show your efforts to locate her or the Court will not consider your request.

It is very, very likely you will succeed in getting an order for sole custody. The mother has abandoned the children completely and couldn't possibly be considered someone who should have any rights with respect to decision making.

Your case is very strong and your children are very lucky to be able to have a strong family life despite what their birth mother has done.

Related Canada Law Questions