Legal Question in Family Law in Canada

want to take the kids on vacation

i am a mother of three children ages 10,6,4 the father refuses to sign a document that will allow me to take my children out of country. He is a drug addict and has little to no communication with our children. I live in BC and he resides in manitoba He has recently turned himself over to the government for rehabilitation and i am wanting to have him served with papers for sole custody. Am i able to do so and will he be able to contest it due to him being under care?


Asked on 6/17/08, 10:46 pm

1 Answer from Attorneys
Donald McLeod Donald R. McLeod Law Corp.

Re: want to take the kids on vacation

Assuming you have been in B.C. long enough, you may commence an action in B.C. Supreme Court for sole custody (assuming that there is no custody Order from anothe Province already - if there is, then the process is more complex); you can also apply for an Order allowing you to take the children out of Canada (and to apply for a passport for each child) without his consent. This is howver something that is too complex for you do do on your own; please consult a lawyer.

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Answered on 6/19/08, 10:54 am


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