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One child wants to stay with mum, the other 50/50

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  • One child wants to stay with mum, the other 50/50

    Hi,

    I have two daughters - one is 15 and wants to stay with her mom (see me occasionally) and the other is 12 and wants to do half time with me.

    My lawyer told me judge would let the 15 year old decide for herself so not sure I can do too much there. For the 12 year old - would the judge also listen to her over the general practice of keeping siblings together?

    Let me know if you’ve seen anything else like this happen!

    Thanks

  • #2
    A judge may listen to a 12 year old but you have to get to that part of the process which could take at least a year due to covid. The question is, what does your ex say? Is she against this? Has your daughter spoken with her? You could suggest a trial period to see how it goes. For instance six months and then reassess.

    Comment


    • #3
      Couldn’t I file for emergency order? Since it’s to set child access?

      I will talk to the mother but she also wants to move to Montreal with the kids so she’s not being cooperative about access so far.

      Comment


      • #4
        She can move but the kids stay where you are.

        It’s not emergency access, it’s a change in custody. If she was to move without your permission THAT’S and emergency.

        Comment

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