I have a 10 year old daughter who I was planning to send to Calgary to visit her grandmother, her father, who is a part

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Customer: Hi, I have a 10 year old daughter who I was planning to send to Calgary to visit her grandmother, her father, who is a part of her life but not a big one is saying I can't send her out, our court papers say we have joint custody but that I have primary care of her. I guess my question is he gonna be able to stop me from sending her? It is a 2 week holiday
JA: Hi. Who currently has legal custody?
Customer: I do
JA: Is there a child custody order in place?
Customer: No, it just says we share joint custody, I shall have primary care of her and he can see her when he calls and it is agreed upon between the two of us
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No, that is all, thank you
Answered by ToLawyer in 3 mins 1 year ago
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ToLawyer
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ToLawyer
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ToLawyer
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Jessica

Jessica

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ToLawyer, Expert

Welcome and thank you for choosing Just Answer! My name is***** am a lawyer in Canada and would be happy to assist you. I am sorry to hear about your legal troubles.

Please note that while I am a lawyer, I am unable to provide you with legal advice on this website and I can provide you with legal opinion only. We always recommend seeking professional representation with a licenced lawyer or paralegal in your province.

Finally, please be advised that I am working from my computer and may not always be available immediately. Rest assured, I will get to your response as fast as I am able.

Customer
Ok, thank you
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ToLawyer, Expert

Do you have any clauses in the agreement that stipulates holiday plans outside the province or country?

Customer
No
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ToLawyer, Expert

How often does he see her? Will a 2 week holiday affect his custody time?

Customer
No, his only issue right now is Covid, that is what he is claiming
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ToLawyer, Expert

Technically, you are supposed to amend the custody order by going through the courts and asking the judge to make a determination.

However, his remedy is only to request a contempt order by stating exactly where in the agreement you violated. If there is nothing in the agreement that requires his permission to travel, you are likely ok. That being said, if he requests to see your daughter, and you refuse (because you simply cannot produce her as she is in Calgary), you will be in breach.

Customer
Ok, thank you very much for your advice
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ToLawyer, Expert

You are welcome. I have been happy to assist you with this question. If you have further questions in the future, you can always open a new question and request me to answer it here: https://www.justanswer.com/law/expert-jclawyer/?rpt=3800

Take Care!

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