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Old 01-14-2010, 11:50 PM   #1
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Question Illegal Custody in Saskatchewan

We are to have legal custody for this school year of my common-law husband's 13 year old daughter as of August 1. It is a joint custody agreement that was granted in May of 2009. Her mother sent her here with a bus ticket in August and told her if she didn't like it here, she could leave. In November, we caught his daughter in a web of lies, and discussed her punishment with her and she came up with her own punishment (removal of cell phone access, extra time doing her homework etc., nothing extreme). She pulled the pin, used the bus ticket the next morning and said that she didn't want to live here. Her mother is now denying us access, will not set up visitation, will not answer phone calls etc.
What legal rights do we have in Saskatchewan, Canada? Can we take her to court as she agreed to share custody for this year and deliberately undermined the spirit of the agreement? What about the denying access and refusal to set up visitation schedule? Can we take her to court over that? Is it worth it?
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Old 01-15-2010, 09:14 AM   #2
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Default Re: Illegal Custody in Saskatchewan

I wish to submit that in case of child, the welfare of the child is seen and is considered most important. In this it will be seen as to why the child has gone back to mother’s home. If the child shows that the child has gone because of some other reason than it will be seen by the Court and in the best interest of child the Court will decide. You can apply to the Family Court and ask for custody. You can show that you were taking utmost care of the child and it is in the best interest of child that the child stays with you. You can also contact Social Access Unit of the Court as they manage Supervised Access and Exchange Program.

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Old 01-15-2010, 03:10 PM   #3
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Default Re: Illegal Custody in Saskatchewan

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Originally Posted by Unregistered View Post
We are to have legal custody for this school year of my common-law husband's 13 year old daughter as of August 1. It is a joint custody agreement that was granted in May of 2009. Her mother sent her here with a bus ticket in August and told her if she didn't like it here, she could leave. In November, we caught his daughter in a web of lies, and discussed her punishment with her and she came up with her own punishment (removal of cell phone access, extra time doing her homework etc., nothing extreme). She pulled the pin, used the bus ticket the next morning and said that she didn't want to live here. Her mother is now denying us access, will not set up visitation, will not answer phone calls etc.
What legal rights do we have in Saskatchewan, Canada? Can we take her to court as she agreed to share custody for this year and deliberately undermined the spirit of the agreement? What about the denying access and refusal to set up visitation schedule? Can we take her to court over that? Is it worth it?
WE dont have custody, dad does. WE cant go to court, dad can. dad has rights, you have none, since you are not mom. let him deal with mom, judges dont like overstepping overinvolved third parties( which is what you are) getting involved in legal matters that are none of their business. it could cause your husband a lot of problems
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Old 01-15-2010, 11:09 PM   #4
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Default Re: Illegal Custody in Saskatchewan

Before you reply in such a nasty matter,perhaps you could it through a little more.
Did you not think that perhaps that was a "joint" posting? One that I typed and he dictated?
We joined this forum to seek advice from people who have gone through this - not to be criticized by word choice. Of course, he has joint custody, of course I do not have any rights. The questions were what were his rights, not mine. We are looking for answers to a very hurtful situation. Please be respectful of that and if you can't offer advice in such a manner, then don't waste your time or OURS!!!!
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Old 01-15-2010, 11:12 PM   #5
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Default Re: Illegal Custody in Saskatchewan

Perhaps you could THINK it through or perhaps READ it though etc. Our errata....
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Old 01-16-2010, 11:54 PM   #6
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Default Re: Illegal Custody in Saskatchewan

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Originally Posted by AFFA View Post
I wish to submit that in case of child, the welfare of the child is seen and is considered most important. In this it will be seen as to why the child has gone back to mother’s home. If the child shows that the child has gone because of some other reason than it will be seen by the Court and in the best interest of child the Court will decide. You can apply to the Family Court and ask for custody. You can show that you were taking utmost care of the child and it is in the best interest of child that the child stays with you. You can also contact Social Access Unit of the Court as they manage Supervised Access and Exchange Program.

AFF
Thank you!!! We will look into these options.
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