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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 11-25-2017, 07:18 PM
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Default Custody question

In Ontario does a custody change have to be brought before a judge in court to decide?

I am asking because last december my sister was forced to sign something to giver her ex shared custody because he was holding the boys until she signed.
She signed and it is now shared custody (or is it?) and now he is doing the same thing so she signs papers that he has full custody. He is also trying to get out of paying a large sum in arrears.

so the question is can my sister just give away custody by signing a piece of paper or does a judge decide?
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Old 11-25-2017, 08:00 PM
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Ok I just found out she still has full custody but its something called interim shared from what she was forced to sign last year
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Old 11-25-2017, 11:21 PM
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I dont think Judges decide custody of teenagers as they can decide for themselves regardless of what their parents want.

You cant make a grown adult sign anything they dont want too. Or imo keep teenagers hostages in one of their parents homes. Have you asked them what they want?

From what I understand your saying is last year she had sole custody, and now she has interim shared custody, and now he wants sole custody. So she might owe him child support from last year and moving forward. Maybe he is hoping any child support owing him will be put against what he owes her.
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Old 11-26-2017, 12:12 AM
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I believe the question is regarding parenting time, not legal decision making power (sole vs joint custody).
The child has no say in which parent has sole vs joint custody, but an older child might have a say in parenting time.
It sounds like the original poster was referring to an interim judgement made in court, so the situation has been mediated somewhat by the court system.
Edit after reading the other post: court is confusing enough to those directly involved, so I think it will be difficult for you as bystander to provide enough/accurate info for the forum to help much.
Also, please beware this is a public, searchable forum, and posts can't be deleted so I'd suggest you make sure your sister is OK with you posting her case info here....

Last edited by dinkyface; 11-26-2017 at 12:21 AM.
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Old 11-26-2017, 12:38 AM
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so even an interim custody arrangement would have to be decided upon by a judge?

I don't think they had gone before a judge to change the full custody to an interim. I believe she was just told it was by a lawyer or is possible mislead.
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Old 11-26-2017, 09:59 AM
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He cant force her to do what he wants. She needs to say no if she doesnt agree. If they are teens then yes they get to decide but if he has bullied her or them into then its wrong.

Does she have a lawyer?

He doesnt get arrears forgiven. If she has an order for child support and he hasnt paid then she needs to file it with a maintenance agency like FRO.
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Old 11-26-2017, 10:55 AM
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Well I think the case is really that her exes expensive lawyer has convinced him that he can get out of arrears.

My sister does have a lawyer yes although we have suggested getting a good one.
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