My son’s ex-wife has sole custody of their 4 children following their divorce. He lives in AB and they are in BC. How

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Customer: Hello. My son’s ex-wife has sole custody of their 4 children following their divorce. He lives in AB and they are in BC. How would he go about obtaining custody of his 8 year old daughter? She is closest to him and has been acting out, the mother abuses her because she is difficult, and most recently threatened to kill her 12 year old sister with a stick. He is 1 1/2 years sober and holds a steady job. What recourse does he have to remove the 8 year old from the home, as she has always been a threat to her sister?
JA: Has an emergency custody motion been filed?
Customer: No. We have not heard about that before. Where does one obtain that, during COVID-19?
JA: The Family Lawyer will be able to walk you through that. When did this happen exactly? Have the police been involved?
Customer: Most recent incident was last week. Police were called a couple of weeks ago when she ran away, which she does often, even from school. I have a picture from 1 1/2 years ago when she visited me and showed me the bite marks on her arm where her mother bit her when mad at her.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: At 8, she still wears diapers at night. I have been told by some medical experts to report to Social Services, but her mother will know it was me.
Answered by Counsel Creed in 11 hours 2 years ago
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Counsel Creed, Expert

Hi, thank you for contacting Just Answer. So, the jurisdiction in family courts is always decided by the place where the children "habitually reside" . In your case it is BC. So your son has to commence a variation motion before the court in the city where they live or closest to where they live. He will claim that there has been a "material change of the parties or children's means needs conditions or circumstances" since the time of the most current court order that would warrant a change in custody.

Customer
Excellent advice. Thank you!
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Counsel Creed, Expert

you are welcome

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