Legal Question in Family Law in Canada
Hello. I have a six year old daughter who has resided with my family(mother and two adult brothers) for 5 years. This came about because I have never got along with my family, and when I had my daughter, they demanded I got a full time job and moved out of their home. I worked at 5 am, found a place across town, and only had my mother to watch my daughter. I had no transportation to get my daughter from my house to my mothers, so she slept there, and i could see her during the day.
During this time, they convinced me I was a bad mother, and limited my time with my daughter.
They decide when and where I can see her, for how long, and if I dare to parent her, they kick me out of their home. They have her calling my one older brother "dad", and are now saying I can no longer see her. I want my daughter back, is it too late? I don't know what to do.
1 Answer from Attorneys
We presume that there is no Court Order in place giving your family custody. If tyhat is so, there is no law preventing you from simply removing your child and taking her home with you. If you decide to do so, you should put into place a before and after schoold care plan, prepare a budget and plan for caring for your daughter, arrange school, and be prepared to show anyone who inquires that you are capable and competent. Whether or not you should allow access by your family (they may have access and then keep your daughter, refusing to return her) is a question that you should ask the lawyer you retain to assist you; so is the question of whether or not you should even let them know where you live with your daughter. You should be prepared for the possibility that if you do remove your daughter your family may make an application for custody and accuse you of drug and/or alcohol abuse, so you should arange for drug and alcohol testing now, and keep it up regularly (your lawyer will tell you how often) so as to show you are and have been substance free. Consult a lawyer as soon as possible.