Legal Question in Family Law in Canada
Custody in Canada
My partner is going thru a divorce and custody battle currently. His wife of 8 years had a step son before they married and which he raised like his own. Whle married they had a daughter who he recently found out is not his biologically. The mother has rekindled her relationship with the biological father and is pregnant wirh another child. Is there anyway for him to go about getting custody or at least visitation? We currently have a court ordered access schedule however local police will not enforce this if the mother does not want to comply.
1 Answer from Attorneys
Re: Custody in Canada
To enforce an access order in British Columbia, keep a detailed log of attempts to exercise access as ordered by the Court, have witnesses to each refusal, then contact a lawyer and instruct the lawyer to do two things (1) ask theCourt to find the mother in contempt of court for failing or refusing to comply with Court-ordered access and (2) ask the Court to amend the origina access order to include a peace office enforcement clause, which will force the police to assist.
If the mother's refusal to allow Court-ordered access becomes sufficiently egregious, then the Court may reverse the custody order, giving him custody and allowing the mother access.
You do need a lawyer however as the foregoing is not easy and is in all probability too difficult to accomplish on your own.
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