My husband has full custody of his 2 daughters aged 9 and 11. His ex wife didn't return them on Oct 31/21. The most

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Customer: my husband has full custody of his 2 daughters aged 9 and 11. His ex wife didn't return them on Oct 31/21. The most recent custody order was dated April 2016 and has a police enforcement order, section 36, but it's expired as it's more then 6 months old. What do we need to do to have it made current/within the 6 months so we can get the girls back home?
JA: Who currently has legal custody?
Customer: My husband
JA: Is there a child custody order in place?
Customer: Told us that we have to have the order renewed within the 6 months of the date that we serve it to the police to have them exercise the police enforcement order and collect the children
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Yes because the children have been out of school since October 31st 2021 they have officially been uninrolled so we need to get this done now to get them back in school

Answered by ToLawyer in 8 mins 1 year ago

ToLawyer

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ToLawyer, Expert

Welcome and thank you for choosing Just Answer, an independent paid Q&A service! My name is***** am a lawyer in Canada and would be happy to assist you.

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

Thanks

ToLawyer, Expert

You need to make an application to the family court for an order renewal - what province are you in?

Customer

Ontario
Can I get the paperwork from the courthouse or does a lawyer need to? How much and what’s the process? Speed?

ToLawyer, Expert

You can get the paperwork from the court house, you do not need a lawyer but it is recommended. Family court matters may take a month or two, but if the kids are out of school for a while, you may be able to apply urgently. I would recommend getting a local family lawyer to assist to ensure there are no errors.

Customer

How much would that cost? Do they file or just sign and have us take to courthouse to file?

Customer

We need to do this very cost effective because of the pandemic and the fact that even though he has custody of both children she has not paid support or any money towards travelling for her visitations every other weekend and with Christmas coming we are a little bit strapped at the moment

ToLawyer, Expert

That depends on the lawyer, it should not be that much unless for whatever reason it is contested.

Customer

Contested as in by the other party as in his ex-wife? We were advised by the police detachment in her area that this was going to look bad on her because she is knowingly reaching the agreement and aware that it is causing the kids to be unenrolled from school? Is this going to be a high likelihood chance of it being Contessa do you think based on your experience family law?

Customer

Being contested*

ToLawyer, Expert

Correct - contested by the ex-wife.

Customer

What forms do we need to ask for at the courthouse?

ToLawyer, Expert

What does the custody order say specifically about the expirary?

Customer

Bothing

Customer

Date of Order was April 7/2016
No expiration
Final Order

Customer

File attached (347M2TQ)

ToLawyer, Expert

Oh, it is not an interim order, why would it expire in 6 months. Is this what the police officer told you?

Customer

File attached (QM67TL6)

Customer

That’s what it means when they say police enforcement order expired

Customer

The police officer told us that we have to have it renewed for them to be able to enact section 36 and apprehend the children and return them to my husbands custody. What do we have to fill out as far as forms and why do we need to tell the lawyer we have to have them do as far as charging us to expedite this process?

Customer

What is the process? So I can tell a lawyer what we are trying to do. Also what forms do I ask for?

ToLawyer, Expert

Oh, I see, it is a general application to the court pursuant to s.36 alleging a breach of conditions of the custody order and the child is unlawfully withheld. It should be form 8.

Customer

if I was to get the form 8 I I would then have to go to a lawyer and have them help me fill it out and submitted to the court?

ToLawyer, Expert

You can just retain a lawyer to assist you from the start, but if you want to do it by peice meal, then sure.

Customer

How much will this cost, ball park

ToLawyer, Expert

That might be anywhere between $1000 - 3000, should not be too extensive.

ToLawyer, Expert

Is there anything else I can help you with today?

ToLawyer, Expert

I understand legal issues may be frustrating, but I hope I was able to provide a little clarity here.

Thank you for trusting us here at JustAnswer. If you have a new question in the future and would like to engage me again, please do not hesitate to request for me directly by typing - "This is only for JC" and I will get to you as soon as possible!

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