Custody Modification Legal Process

Summary

Custody modifications in Canada require court approval and must prioritize the childs best interests. Being outside Canada does not negate your parental rights. You can file a motion in a Canadian family court through a lawyer to address communication issues and enforce your rights. Consult a Canadian family lawyer for guidance.

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Father
Could you clarify your legal question or concern? Let me know how I can help.
me and ex have joined custody now called decision Making. and *-* parenting time of * child, he is a 10 years of age. We were in Canada,My Son and ex are citizen and I was on Work permit however I was expired now. I came to India after apending 8 years in Canada due to my medical conditoion as I needed treatment.
Since you are in India and your child and ex are in Canada, custody issues may be governed by Canadian family law. Here are some general points to consider:
- Joint Custody (Decision-Making): If you already have a legal agreement or court order for joint decision-making and *-* parenting time, it remains valid unless modified by a Canadian court.
- Parenting Time: Your absence from Canada may impact your ability to exercise *-* parenting time. You may need to negotiate a new arrangement that accounts for your current situation.
- Legal Representation: If you want to modify the custody or parenting time agreement, you'll likely need legal help from a Canadian family lawyer.
Would you like help connecting with Canadian lawyers who specialize in custody issues?
Can my ex wife change the custody form *-* to sole as I am not in canada due to treatment? I just came Last month in April *
In Canada, your ex-wife can request a change in custody or parenting time through the court, but she would need to show that a change is in the child’s best interests. Factors include:
- Your absence and its impact on parenting.
- Stability and the child’s well-being.
- Current circumstances since your return.
If you oppose a change, you may need legal representation in Canada to present your case. Would you like help connecting with Canadian family lawyers?
The child wants to come to India as we both father and son are to closely connected, however, the mother initially agreed to it as she herself got so frustrated because the son is missing me a lot and keep sad and silent the whole day. I came to India as I got * heart attacks simultaneously within *-3 days when I was in Canada with my son. Got treated and had Angioplasty with i Stent. Currently I am in a recovery stage, in India. Now, as i came to India and will take a few months.
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The mother’s initial agreement for the child to come to India is significant, but any relocation involving a child is a complex legal issue in Canada. Courts prioritize the child’s best interests, including emotional well-being and stability.
Are you seeking legal help to formalize this relocation or prevent custody changes?
Big concern is : She unilaterally taking decision and stopped communication between me and my son and me to him as well. because of her personal parental grudges. It is been 16 days already.
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Unilaterally stopping communication between you and your son can be a serious concern, especially if it violates your joint custody agreement. You may need to act to enforce your legal parenting rights under Canadian law.
Would you like help connecting with Canadian family lawyers who can help address this issue?
As you mentioned: Unilaterally stopping communication between you and your son can be a serious concern, especially as it does violates joint custody agreement. For that I need to act to enforce the legal parenting rights under Canadian law., My question is, As of now, my Canadian Work Permit.is already expired and I do not have valid permit as of now if I have to. However, as my Son (10 years) already in Cnada and a Citizen of Canada, His mother is also a Citizen of Canada.
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Your expired work permit does not affect your parental rights under Canadian law. Custody and parenting rights are separate from immigration status. To enforce your rights:
- File a motion in a Canadian family court to address the communication issue.
- Seek legal representation to navigate this process.
Would you like help connecting with a Canadian family lawyer?
But I am in India, not in Canada. So while being in India, can I file a motion? If yes, will that be filed from an Indian court or from a Canadian court, and what procedure would need to be followed? In addition, she suddenly blocked all communication channels betweeenn me and my child and is now fabricating scenarios that never happened while portraying things in a way that makes it appear as if I caused Jasraj to cry or become emotionally distressed by not letting him speak with his father. Even after I accepted and agreed to her demands and conditions, she is now asking me to hand over usernames and passwords for the applications Jasraj uses on his iPad. Those applications also contain years of personal memories, including Snapchat history and photos between me and my son from the past * to 4 years.
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You need to file a motion in a Canadian family court, as custody and communication issues fall under Canadian law. Being in India does not prevent you from filing; you can do so through a Canadian lawyer. The steps include:
- Hiring a Canadian family lawyer.
- Filing a motion to enforce your parenting rights.
- Providing evidence of her actions blocking communication.
Would you like help connecting with Canadian family lawyers?