Can a custody order be changed due to coronavirus? I have a court order filed in court it's been filed since 2017.

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Customer: Can a custody order be changed due to coronavirus?
JA: What steps have been taken? Have any papers been filed in family court?
Customer: Yes I have a court order filed in court it's been filed since 2017.
JA: Family law varies by state. What state are you in?
Customer: Canada Saskatchewan
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Can a custody order be changed due to coronavirus? I have not seen my children and father said he will not let me see them and he will filed a modification court.
Answered by Debra in 10 hours 2 years ago
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Debra, Expert

a party can go before the court seeking a motion for change, ie if for example there has been a material change in circumstances such as covid, then the party can ask the court to change the previous order.
Does that answer your question?
Customer
But would the change requested be accepted by the court?? My judge order is in Canada but me and my children are USA citizens. My children come to Canada to visit him 3 times a year from USA to Canada the father cannot go to the USA he was deported. The March visitation was cancelled because of Covid-19 border were closed children were under my care. But in June borders in Canada opened and father and I have consent to his girlfriend to go pick them up from me and brought them to Canada for the summer vacation. Now I'm here in Canada to pick them up by August 30 and the father said he will not let them go with me. My judgment has police enforcement in our judgment. Police called me yesterday and said they spoke to the father and they let him know that if he does not give me my boys by the 30th he will face criminal charges. however she told him he can request a court order modification utilizing Covid-19 but back in June father was not concerned about Covid-19 when girlfriend picked them up and put them on a plane with a layover. ?? Police said that if father files in court before the 30th police cannot help me retrieve my children from him. Is this true?
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Debra, Expert

I cannot say if that's true or what a judge will do since it will come down to the the judge believes/decides based on the evidence that is put before him/her
Customer
I have flight tickets for me and my children to Return to San Diego CA on August 30th, 2020. Our court order saids he needs to give me my children by that date. How can someone filed a modification days before returning your children to you ? I just don't understand how is this possible? I drove 13 hours from Seattle to Alberta and I am currently quarentine here In Canada, due that this is a requirement of you enter the country. I know a Judge makes decisions. My question is if the father by filing a modification can prevent me from seeing my children?? And can he stop the police from helping me getting them from him is he shows he has filed in court ??Also I have several texts messages where father said he does not want to give me back my boys because school is online in CALIFORNIA RIGHT NOW. but he found out that does not changed our agreement. So now he is bringing up the Covid-19 excuse. The father is the petitioner in our case, how can he not know his own agreement? He is in the believe that because school is online he gets to keep them for longer. Which is not true. His parenting time is based on the school calendar but it does say the time spend with him should remain the same all the time.
Customer
Also how can he start a court modification if he can't even serve me with it because I am not home in California I am in Calgary and he does not know my address. Can he just served me at the airport and not show up with my children but with paperwork?
Customer
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Debra, Expert

I'm sorry to hear of this difficult situation.

While it is true we cannot know what a court will do the court in Canada does not have jurisdiction over your children. The father would have to seek to bury the order in the jurisdiction where the children habitually reside.

Does that help?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer
We have joint custody and we both have jurisdiction to court in Canada back in 2017 after a long Battle. Judge took jurisdiction over one Child but declined to the other child's jurisdiction. But me and the father talked about and and came with this current agreement in place now. We have jurisdiction to court here. We are apparently Seattle with that. But now with the covid-19 and schools being online father wants to make changes.
Customer
My children live with me most of the time. They only visit him 3 weeks in December, 10 days in March and 57 days during the summer. They have never been in school in Canada. But we do have joint custody per our court order.
Customer
But every summer time the father's tells my children they should live with him and go to school with him. He tells them I am a bad parent and that he is better than me. I have never requested modification of our agreement because I don't want to do this to my boys. Is already hard enough for them traveling 3 times a year. My youngest is 6 he cries for me he misses me more than my 10 year old or shows more pain for the situation since he is little.
Customer
All I want to know is is the father can stop me from retrieving them from him if he files court modification a week before sending them back to me.??
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Debra, Expert

If the court agrees to assume jurisdiction it is possible but unlikely that the court will say the father can keep the children from returning to their home.

Customer
Ok thank you. I appreciate your time.
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Debra, Expert

You are very welcome.

Please be sure to rate me before you leave the site so that I can receive credit for my work.

Thanks and take good care.

Customer
I will thank you.
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Debra, Expert

Thanks

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