My son lives in Saskatchewan. He is divorced with 4 children. The mother has sole custody of the children since

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Customer: My son lives in Saskatchewan. He is divorced with 4 children. The mother has sole custody of the children since September 2019. The sole custody was freely given by my son in an attempt to build a bridge between them. There was a consent order drawn up stating the mother's obligation to keep my son informed of all medical, social and educational and religious situations in the 4 children's life. All the agreements have been breached by the mother. The second child is 13 and he desperately wants to live with his father. He is dyslexic and has been really struggling in school. The Father would love to have him stay with him as there is a good school which offers help for his dyslexia very close to him. The mother will do everything possible to keep this from happening as she has accused my son of everything under the son in the last 9 years. Their court file is a foot high. I need to know a) What is the legal age allowing a child to choose where he or she wants to live.
JA: Is there a custody agreement in place? Does it address educational decisions?
Customer: There is a consent agreement since Sept 2019 as of that date my son has been excluded from the children life and communication on her part has terminated. His son who is 13 on Sunday is convinced that he is of age to come live with his father. He has been waiting for this day for many years as there is a hefty court file , there is also a substantial file with Social Services, Children Advocacy's office . He has contacted mobile crisis. To the best of my knowledge there is also a file with Youth Protective services.
JA: Has there been any mediation on this issue?
Customer: The mother has refused mediation countless time. She has refused to take part in Family Matters who was referred to us by Allen Jenson.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: The 13 year old boy desperately needs out of his mother's house. He has two younger sisters who also expressed their desire to come and live with their father. Age 11 and age 9. There is an older brother who will be 15 in April who does not want to rock the boat. He has been living under the same dictatorship all his life and he has decided to stay with his mother.
Answered by Legal Ease in 2 mins 1 year ago
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Legal Ease, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

Customer
Thank you. ***** should be expecting an answer by tomorrow
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Legal Ease, Expert

Please note that the experts don’t text so there may be a bit of a delay. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.

I am sorry to hear of this difficult situation.

The child of 13 does not actually have a legal right to make a decision about where he can live. However, There's no way for the mother to compel the child to leave the fathers house if the child is there and refuses to leave. The police cannot remove a 13-year-old from their father's home.

At the same time,for the father to be able to sign documents for school for example he does need a court order granting him custody of the child. It would make sense for the father to consider applying for custody of this one child now.

Or, he can also apply to have all three children live with him. But what your son has to understand is that this isn't going to settle. The mother has breached the agreement, she doesn't want to mediate and even if she did she's breaching agreement all the time so he needs an order and then if she's in breach she can be found in contempt and he also needs the order to be police enforceable.

Does that help?

Customer
this helps but what form does the father need to use to apply for custody of the boy
Customer
At what age does the boy have the legal right to move with his father
Customer
The son is coming to visit his father in the week-end and he does not want to return. Are you sure that here is Saskatchewan the police cannot force him to return to his mother who has custody. If legally he is not old enough to make the decision of where he wants to live in the eyes of the law as previously stated in your last email, how is it that the police cannot physically remove him from his father's house if he is still considered a child in the eyes of the law.
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Legal Ease, Expert

Police will not drag a child of that age kicking in screaming from their house. They will do a safety check to ensure that the child wants to be there and if they hear from the child that he will not return to his mothers house it's all the police can do. I'm sure there is not even a police enforceable order.

It goes well beyond one form. This would be a lawsuit and if it all possible your son should be retaining a family lawyer.

If your son absolutely cannot afford a family lawyer then he can get some free help here:

https://pblsask.ca/book-your-appointment/

Customer
I hope that what you are saying is applicable to Saskatchewan law. Please confirm.
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Legal Ease, Expert

Of course it is. I even provided a Sask website. I am Canadian!

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Legal Ease, Expert

Thank you for trusting us to help you here at JustAnswer. I am marking this post as complete. If you would like to ask me more questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

Customer
Thank you very much
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Legal Ease, Expert

Anytime.

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