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Family law. Well it’s a tad complicated I live in Alberta…

Customer Question
Well it’s a tad...

Well it’s a tad complicated I live in Alberta Canada and my daughter lives in British Columbia Canada

Lawyer's Assistant: What steps have you taken so far?

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My daughter is in a controlling relationship and is being told she can not leave with child to go closer to her support system

Submitted: 2 months ago.Category: Canada Law
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Customer reply replied 2 months ago
I am wondering if she is forced to stay where she has no family or friends to give her the support she needs near by she would like to come closer to her support system
Answered in 25 minutes by:
5/25/2018
Lawyer: Debra, Lawyer replied 2 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,004
Experience: Lawyer
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Lawyer: Debra, Lawyer replied 2 months ago

I am sorry to hear of this difficult situation.

Are you asking if your daughter can move with her child to BC?

How old is the child?

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Customer reply replied 2 months ago
I am asking if she can leave BC and come to Alberta and
Lawyer: Debra, Lawyer replied 2 months ago

Your post got cut off. Please complete it and let me know how old the child is.

Thanks

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Customer reply replied 2 months ago
The child is one month old they are visiting at my home right now and he is here but my daughter has expressed to me she is not happy and wants to be closer to her family for support
Lawyer: Debra, Lawyer replied 2 months ago

The law is that she cannot remove the child from the child's home jurisdiction without consent of the court unless the father consents. So she will have to convince him to let her move or else convince the court that the move is best for the child.

While the move is clearly best for your daughter she has to prove the her getting the extended family support will be better for the child than living near the father who may want to be very involved in the child's life. That is usually not easy to prove as you can imagine but it will really just come down to the facts.

Your daughter's best next step would be to retain an experienced family lawyer in the city where their home currently is.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Customer reply replied 2 months ago
If they are here visiting and she does not want to fly home with him does she have to still go back
Lawyer: Debra, Lawyer replied 2 months ago

Yes because if she doesn't he can get an order from the Court in BC on an emergency, ex parte (without notice to her) order for interim sole custody on the grounds that she is committing parental abduction and the RCMP will assist him in bringing the child back to BC.

She has to go home if he doesn't agree she can stay and get a lawyer there.

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Customer reply replied 2 months ago
As the grandmother to the child for visitation what are my rights he told me today He will never allow my daughter and granddaughter to come visit
Lawyer: Debra, Lawyer replied 2 months ago

First has he no say about what your daughter does. And while he will have say over where the child lives unless the court agrees otherwise he will not have say on where you daughter takes their child for visits.

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Customer reply replied 2 months ago
What if he says my daughter can’t leave to visit with the child
Lawyer: Debra, Lawyer replied 2 months ago

She just will. They will have an order or agreement with respect to custody and access and she will not be controlled by him any more.

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Customer reply replied 2 months ago
I don’t understand what you mean
Lawyer: Debra, Lawyer replied 2 months ago

She will likely have sole or joint custody of the child. When she has the child she will be able to visit you so long as it doesn't breach any order or agreement. So if he sees the baby every other Sunday for example, she may not be able to make him miss that Sunday but otherwise she will be free to visit you.

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Lawyer: Debra, Lawyer replied 2 months ago

Is there anything more I can help you with at this point in time?

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Customer reply replied 2 months ago
I don’t believe your giving me Canadian law answers
Customer reply replied 2 months ago
How do I find out if someone has or had a restraining order on them
Lawyer: Debra, Lawyer replied 2 months ago

I am a senior family lawyer in Canada. I don't know where you get the idea that the answer is not about the law in Canada.

Why did you opt me out?

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Customer reply replied 2 months ago
I have gotten other opinions and nothing matches I am waiting for an appointment with a lawyer but my daughter in a relationship where she can no longer even call me she is constantly being controlled by the father of her child she is scared and it seems like until he hurts her she has nothing to go by and has to stay in this situation
Lawyer: Debra, Lawyer replied 2 months ago

I have been a family lawyer since 1985. I don't know what you are being told but I've explained the law clearly and correctly. The law is actually very clear about this. I cannot imagine a family lawyer advising otherwise.

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