Do you support custody questions for Ontario? Nothing has been filed yet. My son is 14 and wants to move to live with

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Customer: Hello do you support custody questions for Ontario?
JA: What steps have been taken? Have any papers been filed in Ontario family court?
Customer: Nothing has been filed yet. My son is 14 and wants to move to live with me, his mother, in BC.
JA: Have they talked to a lawyer about this yet?
Customer: He has not yet. He has wanted this for years and his father has always said no but we have come to understand that given he is now 14 (almost 15) he has a voice.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I spend 10 days a month with my son. He has been with me here for 2 months due to covid I would not allow him to fly back to Ontario. We have been doing the back and forth situation for 8 years.
Answered by Timothy in 1 hour 2 years ago
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Timothy
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Timothy
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Timothy
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Timothy, Expert

Hi there. My name is***** a lawyer from Ontario. I have read what you have asked so far. Are you wondering what steps you would need to take to have your son move to BC with you and how his wishes will be taken into account in this?
Customer
Hello. Yes. I am wondering if this is something I could do myself or if it is advantageous to have legal representation for the process. Also how my sons wishes will be heard and received.
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Timothy, Expert

As in most family matters, you can certainly represent yourself. In this circumstance, I believe you would be best served by retaining counsel to assist you. As your son spends the majority of his time in Ontario, that is where he normally resides. If you believe that your son would rather live with you, you would need to start an action in Ontario. I am assuming that you had a separation agreement or court our setting out then custody and access arrangements. If so, you will need to bring a motion to change in Ontario. What you will do, once the matter has been commenced is make a request for the appointment of the children's lawyer. Given your child's age and given he has an opinion on the matter, there is a good chance the court will order the appointment. The children's lawyer will have to make a determination if they will take the file. Assuming they do, they will likely appoint a lawyer to represent your son and will determine you sons views and preferences. This is a basic outline of the process. Does this answer your question?
Customer
thank you very much. That is quite helpful
Customer
Can't get into a very messy back-and-forth? I am obviously cost conscious
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Timothy, Expert

It can be very messy and could be quite expensive. That said, if the your son expresses clear views and preferences to children's lawyer that can help help resolve the issue.
Customer
Thank you. My lawyer estimated anywhere from seven to $8000 however I have a feeling it would be much more than that do you agree?
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Timothy, Expert

Honestly, it depends on the jurisdiction and the lawyer you retain.
Customer
Ok thank you very much.
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Timothy, Expert

Happy to be of assistance. I would appreciate it if you could leave me a five star rating. That is how I get credit for this conversation. You can logon to Justanswer and leave the rating or follow the instructions in the email you were sent. If you need further clarification on my answer. Please feel free to ask.
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