Legal Question in Family Law in Canada

Who has the rights regarding the child when 2 people are not divorced?

I'm asking on behalf of a friend. He and his wife have separated. They decided to work out the arrangements for custody of their daughter between themselves until they get divorced.

Now she is telling him he is unable to see his daughter at Christmas because she wants her for the whole day. Can she do this legally? What are his rights?

In the past they have been splitting the day and alternating Christmas morning & evening with her each year (he does ALL the driving so it doesnt affect her in that way) I was just wondering what his options are in this case since they have only set up the custody between each other and not through the courts?

They do have a verbal agreement to share Christmas so both parents can spend Christmas with her. Does this mean anything?

The other concern is if he has to take her to court, he has been paying cash for child support because she cancelled the bank card he was depositing the money with, what should he do about getting a receipt and so on, as he is afraid to ''rock the boat''

Thank you very much for your time in answering these questions,

Mel


Asked on 12/05/05, 3:57 pm

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

Re: Who has the rights regarding the child when 2 people are not divorced?

The connnection with British Columbia is not stated as required; please provide the connection with B.C. as the law differs from Province to Province and what is advised about the law in one Province may very well not be true in another.

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Answered on 12/07/05, 12:49 am


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