We have a court order in place for about a year now. My eldest lives with him full time and i have visitation. My other

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Customer: Hi there, we have a court order in place for about a year now. My eldest lives with him full time and i have visitation. My other two youngest live with me and my spouse and the father has visitation every 2 weeks.. We drop them off at a gas station and i drive to his place to pick them up. Last week he informed me that he was moving out of the province. He did not advise any lawyers nothing just decided to move in Quebec. what does this mean for us? He has previously maliciously attempted to get custody of the other 2 children by making false complaints through the C.A.S and falsely accusing me and my husband of neglecting and mistreating the children. By moving to another province does this make the court agreement we have now null? and what can I do if he decides he does not want to return the children one weekend? I will know where they are since he is wanting to meet elsewhere than his home.
JA: Is there a parenting plan in place? What does it say about scheduling?
Customer: It is also his weekend and he has advised me that he wants to meet elsewhere. Can he change the agreement like this without going through the lawyers and court?
JA: Has there been any mediation on this visitation issue?
Customer: we have a court order
JA: Anything else you want the Lawyer to know before I connect you?
Customer: just want to know my options
Answered by Legal Ease in 2 hours 1 year ago
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Jessica

Jessica

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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.

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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.

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Legal Ease, Expert

How old is your eldest child that lives with him full-time?

Customer
Hi she is 12
Customer
we have had numerous isssues with him. The biggest concern is that he moved to a different province to start this process all over again with child protective services and to try and obtain sole custody. Any advice would be helpful and if there is a way we can protect ourselves as well.
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Legal Ease, Expert

Are you OK with your 12-year-old being taken to Quebec?

Customer
With all that's happened I have accepted that she wishes to live with him. My only problem is that I don't know what that means for me as her mother in terms of custody since she is in another province.
But as for the other two I wouldn't want to send them over for a weekend visit and then they don't come home.
Customer
to make it worse hes advised me today that he has already moved. Is there not a procedure to follow if a p
Customer
If a parent wants to move to a different province?
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Legal Ease, Expert

He can move to another province if he wants. But he can't move your thirteen-year-old without your consent or a court order. So you can fight that. You can't fight him moving. But you don't have to agree to send your kids to him without an order or agreement in place that deals with access when he is farther away.

Frankly, it's shocking for a parent to contact the other parent and tell them that they have already moved. You can apply to the court on an emergency basis on the ground if that is parental abduction and get an order for the child to be brought back to you if you like.

Do you see what I mean?

Customer
i do and I completely agree. That's what I was wondering as well the agreement we already have does not even have a clause about moving out of city or out of province. So is this agreement void now that he is out of the province?
Customer
He has weekend visitation. Am I able to refuse to send them for the visits until a new agreement is made?
Customer
Sorry forget my last question I see your answer. I was irritated with the answer I had gotten from my current lawyer who seemed to be acting like this was no big deal which is why I have been looking around for answers. This has been going on since 2016 all the court proceedings and investigations by the police by the c.a.s I feel like she just want to close the case and be done with it.
Customer
in terms off child protection services. He has used them here 5 times already to attempt to have the children taken away from us under false claims which did not work. But My concern is that he would attempt to do the same in Quebec. He takes them for a weekend and next thing we know we get contacted by a worker and the kids don't come home. And would he be able to try and apply for custody of the children over there? I'm sorry its alot I just feel like I haven't been getting good advice and a clear view of my options and what I can do. When she spoke to me it was as if I was worrying for nothing!
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Legal Ease, Expert

You can take the position that his coduct is very concerning. He just took your child and moved to another province without letting you know ahead of time and it shows erratic behaviour and for now you want him to see the kids only during the day as they are not going to Quebec.

Customer
Ok and in the meantime I apply to the court for a new agreement.
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Legal Ease, Expert

You cannot apply for an agreement but an order.

I think you need your own lawyer at this point.

Customer
Ok I need to change lawyers actually. The one I have now has made no mention whatsoever of everything you have mentioned to me now and the order that she drafted also does not have any clause on moving out of city or out of province.
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Legal Ease, Expert

It does sound like you at least need a second opinion.

Customer
Thank you for your time and advice it is greatly appreciated. :)So if he makes a complaint again with child protective services in Quebec what does that mean for us?
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Legal Ease, Expert

Tell protective services in Quebec has no jurisdiction over you and your children who are outside of the province of Quebec.

Customer
Would it be better if I give you a call through the link you've sent?
Customer
Do I have to book an appointment/time slot with you?
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Legal Ease, Expert

I don't take calls. I just work online. If you want to think about this issue and talk with me again tomorrow that would be great. I will be here all weekend.

When you start your next post you can just be sure to say that only Debra should answer and I will answer you.

Customer
o ok haha its because theres a window that popped up asking if i wanted to switch to a live phone call
Customer
Nice to meet you Debra! My name is***** will be in touch again I will talk it over with my husband I don't want to keep you too late. Do I have to close this chat window or do I keep it open and just request for you?
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Legal Ease, Expert

The site does offer a phone call option. Some people like that option and some experts on the site will take the call. But, I actually don't think they're necessary.

I will complete this conversation now so the site will be happy with me and I will be here when you need me again. You just request me again.

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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
okay thank you
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Legal Ease, Expert

You are very welcome.

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