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  • change of Custody

    Dears
    I have the following questions, if you can please help me (sorry for my English , I am more French speaking)

    1) During the case conference I had with my wife, the judge asked me if I agree that my wife will have a custody of the child. I have said yes. When written the agreement (in the presence of judge), The lawyer of my wife added in the document that my wife has sole custody. As I did not understand the meaning of the sole custody (I did not have a lawyer), I signed the agreement. Is it possible to return to the court to change the sole custody ? If the judge does not accept the change, that I may pay the lawyer fees of my wife?

    2) In the signed agreement it is mentioned that I have access to my child during only the weekends, Is it possible to change the agreement in order to have access also during the school holidays?

    3) My wife asked me to sign him the passport of my son. The goal of my wife is to go for vacation for two months with my son (she wants to take him in a country that is not recommended by the Government of Canada to visit). Do I cannot sign the passport ?What is the impact if I don’t signed it ?

    4) If I sign the passport of my son, is that my wife can take my son out of Canada even during my visiting days (Saturdays I have to see my son). My wife wants to take my son for two months outside of Canada.

    Thank you for your advise

  • #2
    Your fault for not reading it properly. Judge asked you if you agree to shared and you said yes but signed the opposite. I have a feeling that you knew what you knew what you were doing because although mu English seems to be better than yours, I keep dictionary and always make sure that when i sign something that there is no BS in it. Or maybe they offered shared legal and sole physical!!!

    When it said sole custody to the mom it cannot go through before you find out what sole means right there before you sign. How did you sign the "only the weekends" part?

    Dont sign the passport.
    If she goes 2 months for vacation she will be bringing the kid back to you every weekend...NOT.
    If the country is risky, challenge it

    File motion to change.

    Other members will have better advise but that is about what I think. And yes, get a lawyer.

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    • #3
      I have signed in the same day when we I have the settlement conference. Really I found the judge against me, and he forced me to sign. When I try to discuss, he said to me always shuuuuuuuuuuuut.

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      • #4
        the judge cannot force you to sign. You signed because you didn't really understand what you were signing. Did you ask what sole custody was before you signed?

        Talk to a lawyer and do not try to represent yourself again. If you don't understand the basics then you need a lawyer.

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        • #5
          ^^ ...and how did he get EVERY weekend. No one gets every single weekend.

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          • #6
            As me son has 4 years, we have an agreement I will have him every Saturday from 10 AM to 6PM. When he will have 5 years. I will have him each two weeks, from Friday 6pm to Saturday 6pm, and each other week I will have access to him Wednesday .

            Comment

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