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  • how do i protect myself

    Hi there!

    I have a question about my legal rights regarding custody of my 3 kids. I have been legally divorced for 4 years, we have joint custody, with me having primary care and control, and final decision-making authority. My ex husband moved to whitehorse a little over a year ago. He saw the kids last summer for 5 weeks, and wants to see them again this summer. He has been pushing for my oldest boy (15) to come live with him and go to school there next year. I dont agree, and my son accepts that. My question is whether I should take any other legal steps to ensure he doesnt return my son at the end of the summer.

  • #2
    Melanie,

    Just an opinion,

    You mentioned that you have joint custody of the children but the primary residence is with you. If you have all this in a court order then you don't have to do anything. If the child or children are not returned as per the court order, Your x would be in contempt. There is much you can do at this point as nothing has happened yet. If the child/children are not returned then you could take steps such as an emergency motion and have the children returned.

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    • #3
      I agree there, it would virtually be illegal for him not to return your son, correct?

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      • #4
        Yes, it would be totally illegal, immoral, and selfish for him to do this. But, he has done things in the past that have left me feeling a little cautious. I dont want to spend $$ on a lawyer, and I was just seeing if there was something I could do before the kids left. Because, really... if my son is down there in school, do I really want to take him out and make him go thru switching schools yet again? I get that legally he can't. I am wondering if there is something I could write or get a lawyer to write that would guarantee that he didnt try.... thanx guys. I'm glad i found this site. you are on my favorites now. Wish I found it 5 years ago!!

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        • #5
          Unfortunately, I don't think there is anything you can do to prevent this before it happens.

          Your son is 15, and can have a say in the matter. At 15 he probably doesn't want to change schools and be away from his friends.

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