My son and his ex have a custody agreement since my niece was 2. She's one week on and one week off with them. Since

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Customer: My son and his ex have a custody agreement since my niece was 2. She's one week on and one week off with them. Since July 30th 2021 she has lived with her father , she'll be 15 in May. She told her mom she didn't want to live with her in the new place she had to move to. Her mom said fine, get your things and go live with your dad. So it's been 6 mons and now all of a sudden his ex is threatening to have the police come and get her if she doesn't go back to one week on, one week off. My grand daughter does not want to go to her mom's and is having panic attacks really bad because she just wants to stay with her dad
JA: What's the reason for the relocation? How much advance notice has been given?
Customer: She had to leave her other place, as they were renting and the people were selling the house. She's been with her dad since July 30th of 2021
JA: Has there been any mediation on this issue?
Customer: no, her mom just said, if you want to go live with your dad, get your things and go. Her stuff is still in boxes in her room and our house, her nana and papa. She's had her own room at our house as well, since we moved here 12 years ago
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: my grand daughter doesn't want to go as she says her mom is always putting her down and calling her names and she just doesn't want to go, also doesn't like her mom's boyfriend, with whom her mother is pregnant again with their 3rd child together which make it her mom's 5th child.
Answered by JosephE322 in 1 min 6 months ago
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JosephE322
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JosephE322
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JosephE322, Expert

Hi and thank you for using JustAnswer. My name is ***** ***** I will be assisting you with your question.

I am licensed Canadian lawyer, and this conversation is for informational purposes only. I kindly ask for your patience as some questions take longer to answer and I may have to do legal research. I may be away from my desk from time to time, but rest assured I will always return back as soon as possible. If at any point during our conversation you don’t understand something, please let me know so I can clarify.

Customer
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JosephE322, Expert

Good afternoon – sorry to hear about the situation. If there is a custody agreement in place, it must be followed. Someone can bring a motion to the court to have it enforced. If a parent is deliberately withholding access, they run the risk of having their custody reduced or even eliminated in rare situations. If a parent wants to change the agreement, then can negotiate a change or petition the court to have it changed.

Does that help answer your question today or did you have any follow up questions?

Customer
no , I can't afford $84 right now
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JosephE322, Expert

The call is automated from the website. You can ignore it if you are not interested in a call.

Customer
Even though she will be 15 in May, she can't just decide on her own to live with one parent or the other , even though, 6 months ago her mom said go live with your dad . Now she's changing her mind
Customer
Hello
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JosephE322, Expert

No, the custody agreement must be abided by. If this went back to court, the judge would hear the opinion of the child given they are older.

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JosephE322, Expert

Hi again – just wanted to do a final follow up before ending our conversation. Did you have any additional questions about this issue?

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JosephE322, Expert

Thank you for using JustAnswer. I wish you the best of luck. If you have any follow up questions about this matter, please do not hesitate to reach out to me.

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