I need a lawyer from Alberta canada. I want to find out how to file an urgent request for a parenting order I tried

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Customer: I need a lawyer from Alberta canada
JA: What steps have you taken? Have you filed any papers in Canadian family court?
Customer: I want to find out how to file an urgent request for a parenting order I tried requesting mediation My son is being withheld from me
JA: Have you talked to a lawyer about this yet?
Customer: Legal aid but they want me to wait to do mediation
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I am a recovering addict so is the father of both my son's. He is making allegations that I am unsafe for the boys because I had a slip. I am sober now and continuously working at being sober. He's withholding my 3 year old and removing him from all his regular routines..day home.. speech therapy.. behavioral therapy. Keeping him away from his brother and from me.
Answered by Legal Ease in 3 mins 12 months ago
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Legal Ease
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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.

Customer
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Customer
I don't know if I filled this out but not sure if I did it correctly
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Legal Ease, Expert

Please note that I am working from my computer and not actually texting. 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.

Customer
Okay
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Legal Ease, Expert

I know your question is important to you and I will be giving it the time and attention it deserves.

I am sorry to hear of this difficult situation.

No I don't think it is OK.

I think you should say that that the kids live with you. The father has them...... The father has now on his own decided not to return........ and this is going to traumatize both kids. This is parental abduction and the children's best interests is for them both continue to live where they habitually reside with you and that the  status quo be maintained.

Customer
But we don't have a parenting order
Customer
apparently he is legally allowed to do whatever he wants
Customer
He only has over child my youngest is with me.
Customer
He's claiming I am unfit to be with the boys
Customer
He has no proof of this
Customer
Are you a family lawyer in Canada?.. Alberta?
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Legal Ease, Expert

I am a retired family lawyer in Ontario. He is not allowed to remove the children from their habitual place

Customer
Since the day these boys were born they've only had time spent with their dad on the weekends.. I've had then since..the only time I left their side was to go to treatment last year to better my life..
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Legal Ease, Expert

Then put that into the paragraph I'm suggesting

Customer
Also I don't know if I filled out the application properly
Customer
Where the check boxes are..
Customer
Apparently since we have never had a parenting order he has equal rights until one is put into place
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Legal Ease, Expert

I am not sure where you're getting that information but he is not permitted to remove the children from the habitual place of residence.

The checkboxes are fine

Customer
Alberta is different
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Legal Ease, Expert

No it is not.

Customer
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Customer
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Customer
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Customer
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Customer
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Legal Ease, Expert

These are very serious allegations and if they are accurate then even if you get the emergency order you will back in court in two weeks and you'll lose custody of the children for now. If these are accurate then your best next steps would be to get some help immediately and also to retain a lawyer.

Customer
I didn't use around my kids.
Customer
It was a relapse I am clean and working my program. I don't have an issue getting drug tested.
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Legal Ease, Expert

That's excellent. Drug testing will save you.

Good for you.

Customer
I'll prove it but right now I'm not worried about what I am entitled to as a mother. I am worried about Noah being away from his brother and all of his daily routines.
Customer
This is going to cause more trauma
Customer
Terry and I have had multiple domestic violence cases. He's beat me in front of Noah and I know Noah has severe trauma due to it.
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Legal Ease, Expert

Cago ahead with the hearing knowing that in two weeks or so you'll be back again and be ready to prove that these allegations are simply false.

Customer
My relapse happened. It was short lived I will not lie about that. But the allegations he had.. the police were called by me when he was banging on my door threatening to break it down. When the police arrived if they were concerned I was using around the boys why wasn't child services called and why wasn't my son taken from me. These are allegations.
Customer
Two weeks ago Terry was begging me to be with him a week later I tell him he's compromising my recovery.. and then a few days after that these allegations begun.
Customer
I also want to know why the police didn't breathylize me when they came to my place of residence if that was such a concern.
Customer
I was sober.
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Legal Ease, Expert

Then that is what you will show.

Customer
What can I do in the mean time..
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Legal Ease, Expert

You should bring the emergency application a

Customer
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Customer
I got this email..I'm confused do I go to the court house asap.. or do I go on Friday at 2pm?
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Legal Ease, Expert

You go ASAP to file the documents or they won't let you have the hearing on September 3 at two

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Legal Ease, Expert

Thank you for trusting us to help you here at JustAnswer.   If you need more clarification or have a follow-up question just reply and we can continue our dialogue. If you would like to ask me new 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.

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