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Canadian Lawyers needed by Lou on 06-22-2006 at 07:16 PM

Alright, here's the situation that I would like advice/help with. I've got a friend who lives with his dad in Quebec. His dad wants to move to Ontario. The mom lives in Quebec. My friend wishes to stay with his mom, but his dad refuses. According to his dad, he HAS to go with him. Is this legal? His mom's lawyer (my friend's mom) said that both parents have to agree for him to move to his mom's and stay here. Is this true? Is there any way to prevent this from happening, legally? I have about a month to whatever is in my power to stop him from leaving.

Please respond only if you are: a lawyer, a student studying laws, a judge, or have a high level of knowledge about these laws.

Thank you for your help and understanding in this matter.

RE: Canadian Lawyers needed by RebelSean on 06-22-2006 at 07:17 PM

What is the custody arangement between the parents?

RE: Canadian Lawyers needed by Lou on 06-22-2006 at 07:21 PM

quote:
Originally posted by RebelSean
What is the custody arangement between the parents?
He lives at his dad and goes to his mom's every second weekend. He is aged 14 btw.
RE: Canadian Lawyers needed by Reload2 on 06-22-2006 at 07:30 PM

If I remember well, when you are 14 or above, you can choose yourself to go with your mother or your father

RE: Canadian Lawyers needed by Lou on 06-22-2006 at 07:32 PM

quote:
Originally posted by Reload2
If I remember well, when you are 14 or above, you can choose yourself to go with your mother or your father
I though so as well, but it seems that that is not the case:s
RE: Canadian Lawyers needed by Reload2 on 06-22-2006 at 07:40 PM

I think this site's gonna help you: Comission des droits de la personne et des droits de la jeunesse du Quebec

RE: Canadian Lawyers needed by Lou on 06-22-2006 at 07:41 PM

quote:
Originally posted by Reload2
I think this site's gonna help you: Comission des droits de la personne et des droits de la jeunesse du Quebec
more like http://www.cdpdj.qc.ca/en/youth-protection/index....1=1&noeud2=5&cle=0 Let me read it and then I'll come back to you on that one.

quote:
The Youth Protection Act is intended to protect children: ... who are in the custody of a person whose behaviour or way of life creates a risk of moral or physical danger;
Maybe he could use that to his advantage...
RE: Canadian Lawyers needed by Reload2 on 06-22-2006 at 07:45 PM

In division three, N#52 says:
[Image: 146mk.jpg]

RE: Canadian Lawyers needed by Lou on 06-22-2006 at 07:51 PM

Could a lawyer explain what Reload2 wrote, in english?

RE: Canadian Lawyers needed by Reload2 on 06-22-2006 at 07:55 PM

Laws are always complicate to understand by its difficule language:P but if I'm not mistaken, it means that if the child is under 14, the parents are deciding. But if the child is over 14, he can object the decisions of his parents

RE: Canadian Lawyers needed by Lou on 06-22-2006 at 08:02 PM

quote:
Originally posted by Reload2
Laws are always complicate to understand by its difficule language:P but if I'm not mistaken, it means that if the child is under 14, the parents are deciding. But if the child is over 14, he can object the decisions of his parents
That seems about right.
RE: Canadian Lawyers needed by paperless on 06-22-2006 at 10:00 PM

I think it means that they can make an agreement before, try to convince the child to adhere to the agreement but the final decision is made by the child.

RE: Canadian Lawyers needed by Voldemort on 06-22-2006 at 10:38 PM

When omar gets online im gonna ask him, hes not canadian but he is lawyer..
* Voldemort watches patiently

RE: Canadian Lawyers needed by Lou on 06-22-2006 at 10:41 PM

quote:
Originally posted by Voldemort
When omar gets online im gonna ask him, hes not canadian but he is lawyer..
* Voldemort watches patiently
I talked to him earlier about it already. Both his, and reload2's information was extremely helpful. Thanks guys:) He might be staying now! And thanks Paperless for the translation:)
RE: Canadian Lawyers needed by Voldemort on 06-22-2006 at 11:42 PM

:O neat, nice to know someone would do that for a friend...
in this cruel world...

RE: Canadian Lawyers needed by Lou on 06-23-2006 at 01:29 AM

quote:
Originally posted by Voldemort
:O neat, nice to know someone would do that for a friend...
in this cruel world...
I really don't know how I'll go without him around so I'm trying to my best to have him stay.
RE: Canadian Lawyers needed by Pyroteq on 06-23-2006 at 05:51 AM

Im not sure but in Australia when your 12 years old your *supposed* to be able to choose where to live, unfortunatly a court judge can overrule this. (Yes, It happened to me) At 16 you can legally live by yourself so then nobody can stop you..

RE: Canadian Lawyers needed by Nagamasa on 06-24-2006 at 03:12 PM

A 'normal' Canadian lawyer wont work cause Quebec works with civil law rather than common law in the rest of Canada.

RE: Canadian Lawyers needed by Lou on 07-03-2006 at 02:30 AM

quote:
Originally posted by NagamasaAzai
A 'normal' Canadian lawyer wont work cause Quebec works with civil law rather than common law in the rest of Canada.
If you would've actually read the thread, you would've noticed that we got that covered, we are only looking over Quebec Laws. But thanks for trying to help.

I have yet to show my friend's dad these laws, but he knows about them (my friend) and we are working on it.