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Old 01-18-2007, 06:24 PM
logicalvelocity logicalvelocity is offline
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smadax,

as you mentioned,

"(The child) shall remain in the care of his father the respondant. The fathers home shall be the childs principal residence on an interim bases."

Courts will make such an order as listed in climates of contradictory evidence and they just want to stabilize a situation for the child in the interim. (Status quo prevails). It appears since their are no orders for custody is a clear signal that the court does not trust the one parent at this point in time. Since custody or guardianship has not been dealt with in the interim, I believe both parent's would have coextensive custody and co-guardianship of the child.

I also believe the child is entitled to reasonable access to their parent and more than a few telephone calls a week. Your sister should start corresponding in writing for requests of the child's access and of course sent by registered mail. This is evidence of such. If the requests go rejected, or denied the court will question the fathers ability to parent the child effectively and may even see him as putting his own interests ahead of the childs.

You sister is in the fight of her life on this one and is at a significant disadvantage due to all the court hearings now will be in SASK as the child lives there. If at all possible your sister should move closer to the direct vicinity to the child. I do suspect that she may gain some sort of legal custody if she did. The courts would have to consider the material change. De facto Custody really means nothing when it is broken; What is more significant is the status quo regime of the child.

Your sister should also be requesting information pertaining to the health, education and welfare to the child. If the formal requests go rejected or denied, again the court will question this conduct and perhaps may question the ability of the father to parent effectively.

lv