Legal Question in Family Law in Canada
Custody
If a child is with one parent for the weekend and has to be home at a certain time and isn't or for that matter ends up spending the night.. Is there anything the other parent can do? The divorce isn't final and is very messy. Can the one parent who has primary residence charge the other parent who is not willing to bring the child home until the following day? Please help, it seems to be in the other parents control continually/.
Thanks
1 Answer from Attorneys
Re: Custody
There is not enough information to answer this question completely; however if child is supposed to be returned to the parent who has interim custody and is not returned according to the interim Order of the court, then the parent with custody can ask that the other parent be held in contempt. However, it is wiser to have your lawyer talk to the other parent's lawyer and try to work out the problem co-operatively, before engaging the attention fo the court. Musch depends on how often the child is returned late and the reasons for it.