Does my stepson have any rights about his living conditions?

Fill out the form below to receive a no-obligation consultation

Name
First Last
Email
Phone
This field is for validation purposes and should be left unchanged.

Anonymous Asked:

Currently my husbands 13 year old has been living with us this summer. We have been realizing the living conditions he has been living in, arent suitable for him to return there. - no food, dirty, beds in the living room -- *flop house*
Currently we have shared custody with his mother. Once we told his mother, that the kid does not want to return there, & stay with us. She served us with Sole custody papers.

We have called CAS to get them to check out her place before we can return his son. Do we have any rights? DOes the kid get to speak to the judge on the first appearence.

Any helps would be greatly appreciated.

Expert Comment:

Subscribe

1 Comment

Oldest

Newest Most Voted

Inline Feedbacks

View all comments

Andrew J. Kania, LL.B., LL.M.

6 years ago

I strongly recommend that you immediately call me at (866) 557-3222 for a free consultation. If a 13 year old wishes to change his/her living arrangements then, generally speaking, that should be possible. An expert, such as the Children’s Lawyer or a private assessor, will have to be involved to speak to the child and report to a Judge. Children do not directly speak to Judges regarding where they wish to live.

In addition, the CAS does have the power to remove the child from his current residence and place him with you, on a temporary basis, if there is a risk of harm.

You mention Court papers. Before I comment in any further detail, I need to read the Court papers and/or Court Order. I am happy to do so for free, as part of a free consultation, if you call me.

(The information provided above is general, not legal advice, as circumstances vary from case to case. Thus, if you wish legal advice that you can rely upon for your specific case, please contact Andrew Kania for a free consultation).

0

Reply

More Q&A

Main Categories in Q&A

All Divorce Separation Children Property

Latest Questions Asked:

Mutual divorce

What is the process & conditions of mutual divorce in Toronto & how much time it takes ?

Stock calculation during a divorce

Hi there, I have a question about calculation of stocks during separation. for example prior to marriage I had 100 shares of company X with a value of $1000 ($10 per share). At time of separation I have 200 shares of stock X worth $8000 ($40 per share ...

Can I divorce my spouse who lives in another country

My partner and I are amicable in getting a divorce, nothing to negotiate, she resides in another country and is not planning to return to Ontario. I'm wondering if there is a possibility to file forms online, or must I send the paperwork overseas and h ...

Forcing my spouse back to work when we separate

My wife has been stay at home mom for over 9 years of a 17 year marriage. I've wanted her to go back to work but she has found every reason not to go back. We are nearing separation and my income alone won't support 3 kids and 2 homes. We go into debt ...

I got married in Toronto and divorced in Mexico City. Do I have to register my divorce in Toronto?

I got married in Toronto to my Mexican ex-husband and we divorced in Mexico City in 2009. From what I understood from the divorce proceeding, the judge ordered the court to inform the Ministry of Foreign Affairs to notify the Canadian authorities of my ...

RESP

How is the remaining contribution room of a child's RESP shared (assuming an RESP is started but contributions are less than the maximum $50k per beneficiary) if no stipulation was made in the separation agreement? (Note: also assuming each parent cont ...

See All Questions