Legal Question in Family Law in

My son has been in my care since the day he was born....his mother has been off and on in his life. but has not seen him in the past 3 years at all. I am afraid that she will go and pick him up from school one day....and because there is no custody arrangements that it would be legal. Is there a way to file for interim custody in the event that she ever takes him from me she is breaking the law


Asked on 11/18/10, 12:37 pm

1 Answer from Attorneys

Donald McLeod Donald R. McLeod Law Corp.

Yes. In British Columbia you can file for custody and support and then ask for an interim order to be in force until the court makes a final determination of custody. In BC you may apply to two courts - both have jurisdiction. They are the Provincial Court of BC and the Supreme Court of BC. One of the principal advantages of the Supreme Court is that the Rules permit you to apply for summary judgment or summary trial without going through a full trial with witnesses attending and giving verbal evidence. It is often faster that gooing through the Provincial Court.

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Answered on 11/18/10, 1:12 pm


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