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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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I just found out that my 15 son who is in the custody of s

Customer Question

Hello Pearl, I just found out that my 15 son who is in the custody of his father is living in an apartment alone. The apartment is paid for by his father but his father is not sleeping at the apartment with our son. Is this legal in the Ontario?
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: Toronto, Ontario Canada
JA: Have you talked to a lawyer yet?
Customer: No not yet I just found out today
JA: Anything else you think the lawyer should know?
Customer: My son is refusing to have a relationship with me for the past 1.5 years.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Canada Law
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.
Expert:  Ulysses101 replied 1 year ago.

Hello, thank you for the question.

A child below the age of 16 is still subject to Children's Aid Society intervention. You absolutely call those child welfare authorities.

I hope that you have some decent evidence from a reliable third party. If not, then you run the risk that CAS will view you as an upset parent trying to get custody. Such evidence can be anything, the child's Facebook posts or reports from those who know the child and his circumstances.

Does that make sense?

Customer: replied 1 year ago.
As the non custodial parent. Do I have the right to know where my son is living at all times?
Expert:  Ulysses101 replied 1 year ago.

Not automatically, but generally speaking you do. It depends what the court order says. If you have the right to information or access, then it's strongly implied.

You could bring your ex to court for contempt, but start with CAS. Say that you have evidence of neglect and abandonment. A child of 15 can certainly be left alone overnight if they are responsible, but not continuously.

Having said that, if dad works nights, and sees the child every day, and the child is fed, clothed, going to school, and healthy, then the CAS might be okay with it.

Anything else? Please reply with question or comment. If not, may I have a positive service rating please?

Expert:  Ulysses101 replied 1 year ago.

I think you've seen what I wrote. Did it help? Anything else about this to discuss?

Expert:  Ulysses101 replied 1 year ago.

I see that our question thread is still open. Have you got anywhere with the CAS, or seen a lawyer of your own?