Changing custody papers

My grandson is 14 years old and is from separated parents under the BC Family Relations Act.&nbsp; The parents have joint custody and guardianship under a "By Consent Final Order" in the BC Provincial Court.&nbsp; There are two children in the family and the mother has primary residence.&nbsp;&nbsp;My grandson has now been living with his father in another town in BC that the mother does not live in with the mother's verbal permission.&nbsp; For school purposes she issued a letter to the school but she used the word "temporarily living with his father" and will not change the court papers.&nbsp; My grandson is always telling me that he&nbsp;is afraid that his mother is going to order him back home to her house and he does not want to move back to her and his brother who is 12.&nbsp; <p>My question is - If the mother orders my grandson back home, is my grandson entitled to a free&nbsp;lawyer to represent him and get the primary residence changed between his mother and his father.&nbsp;&nbsp;&nbsp;</p>


Asked almost 8 years ago in British Columbia
Categories: Family Law

Answer Now

Terrance E. Hudson

Answer by Terrance E. Hudson

VerifiedBritish Columbia lawyer


No your grandson is not entitled to a free lawyer, but at age 12 he had a say as to where he wanted to live; at age 14 the Court is going to seriously listen to him. 
The father needs to file an application to chance / cancel an order and proceed to vary the order.  He does not need the mother's consent. Forms are available online at http://www.ag.gov.bc.ca/courts/family/info/forms.htm
At age 14 the mother cannot force the child to return to her home.  

Posted almost 8 years ago

Terrance E. Hudson Barrister & Solicitor www.hudsonlawyers.ca

All answers provided by Terrance E. Hudson on Advice Scene are provided for information purposes only and are not offered as legal advice. Please note that this response to your question is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be given by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Search the Lawyer Directory, or use Lawyer Connect. You may also may arrange a consultation about your issues by by visiting our website at www.hudsonlawyers.ca and requesting a consultation. Consultations may occur in person or via telephone at your convenience. Again, this information is not intended as legal advice, nor should it be relied upon as legal advice. This information is provided to assist you in understanding the law. As with all legal issues, you should consult a lawyer in your jurisdiction with respect to your case as that lawyer will fully appreciate the facts, as conveyed by you, and can provide an informed opinion based on your facts and the current state of the law in your province. The writer, Terrance E. Hudson, of this answer does not accept any liability or responsibility for your use or interpretation of this answer, rather it is provided for information purposes only.

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