View Single Post
  #2  
Old 01-17-2007, 10:58 PM
logicalvelocity logicalvelocity is offline
Moderator
 
Join Date: Oct 2005
Location: Ontario
Posts: 3,943
logicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura about
Send a message via Yahoo to logicalvelocity
Default

smadax,

that is another classic situation where the court would not interrupt the status quo living arrangement of the child. Its not about which is the better parent. Generally if one parent takes the child without permission, the courts will order the child back. However, in your sister's situation they had her acquired consent. ie: until she found a new place to live.

As you mentioned,

Quote:
primary care to the Father. My sister is granted
Did the court not order custody? It also appears that the orders may be interim.

One thing to note is that guardianship is a big thing in western provinces. Even if one party has sole custody, generally parents will have coextensive guardianship of their child unless the court orders otherwise.

I believe your sister should of filed an exparte motion in the BC courts on the failure of the child returning as per the agreement and I believe they would of entertained same due to the fact the child was ordinarily a resident before the access occurred. It is too late now as the Sask courts have issued orders. Perhaps your sister could appeal the orders.

Here is another idea, what if your sister was to relocate to SASK near the child, this would construe to be a material change and therefore would result in review of the current arrangements of the child.


Quote:
If my sister agrees to sign the consent form, they will give her telephone access twice a week, apposed to once a week. Can you beleive that??
Hopefully, your sister has such an offer in writing. What I mean is this. Access is the right of the child and a parent centered on the child's needs does everything they can to foster a meaningful relationship between child and other parent. They appear to be using the child as some sort of bargaining chip. If I was your sister, I wouldn't consent to the name change and when the matter does go before the court, bring this up. Also since the child was normally a resident of BC, i would think that the parent has an obligation to provide and participate in the child's access transportation.


lv