Legal Question in Family Law in Canada
Visitation
My ex just got a new place. Our children are seeing him this weekend for his time to have them, and I don't have his new address. What can I do to get it. I won't send the kids without knowing.
1 Answer from Attorneys
Re: Visitation
In British Columbia (as per the LawGuru website this firm can only answer questions with reference to B.C., but the law is likely similar in other Provinces). We assume there is a court order for access. If the court order says he has to give you his address, then he must. If it does not, then while he should give you his address, he is not compelled to, and if you withhold the children you may be cited for contempt of court, he may apply to enforce the access order, and depending on whether or not you have refused access in the past, and how often and for what reasons, he may successfully apply for an order that he have custody and you have access.
You have a duty to do your utmost to ensure that the children have access to the non-custodial parent and if you don't, you are not acting in the best interest of the children. Your duty is not to pick fights over details such as this but to try and cooperate with the father, regardless of details such as his address, and to make sure the children see their father. Period.