My daughter is 14 years old and has been living with her father but now chooses to live with her mother. She has been with her mother for the summer as that is what the custody agreement says. Now it is time to back to school but my friends daughter does not want to live with her father any longer. Their is a court order saying that she should go back with her father now. Can the daughter decide to live with her mother. The daughter's father has threatened to charge my friend with abduction if she doesn't return her daughter to her father. Can he do that?
Asked over 1 year ago in Manitoba
Categories:
Family Law
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Not VerifiedOntario lawyer |
I cannot give you legal advice but here is some general information. As a general rule, court orders must be complied with unless the parties have entered into a written agreement to divert from the court order OR the court makes a different order. In Ontario a child is not permitted to withdraw from parental control (and decide where he/she wants to live) until he/she reaches 16 years old. I do not know what the applicable age is in Manitoba so contact a lawyer or your local child protection agency to find out. Again, I want to stress that I am not offering legal advice, only general information. A parent wishing to vary the terms of a custody order would be well advised to consult a family law lawyer before taking any steps. You can get more detailed information about how custody orders are made by reading Chapter 6 of "Tug of War".
Posted over 1 year ago
I am a presiding Ontario family court judge, author of Tug of War & host of Family Matters with Justice Harvey Brownstone.
Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided 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).
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Comment from Manitoba
In manitoba the legal age is 16 before the child can deside where she/he wants to live. A parents who's been there.
Posted over 1 year ago
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