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jjdcs · Dec 4, 2010, 10:05 PM

My Son its 10 years old. I have been divorced from my husband 6 years now, I have 2 boys 10 and 16 years old. Last year in half my boys have been living with there Dad and his new wife because I need it to move to another province and could not take care my kids at that time. Now I'm settle in this province and my Boys still living with there Dad. Recently my Older Son have been involve with his friends smoking Mar-iguana and not doing his Job as a older brother to take care his little brother wile his Dad and Wife are working. So my older Son have been kick out of that house because the step-mother its not happy with his behavior and his Dad has been influence by the wife. So my Older Son its gone from his house I offered him to come and live with me but he doesn't want to and since all this happened I feel scared and I feel that I'm losing my kids. I want my younger Son to live with me but his Dad its not letting that to happen, I thought that after a year an a bit I could have gone back to the same province but work wise I don't have at all back in there province. My life its here in Alberta and they live in Ottawa, Ontario and honesty I can't go back there because its nothing for me other then my kids. My question is I have share Custody with my ex-husband , can I just go back to Ottawa and pick-up my Son and keep him with me? Or do I have to follow legal terms for me to actually have him with me up here in Alberta.

ScottGem · Dec 5, 2010, 04:40 AM

What did the divorce say about custody? When you sent your children to live with the father was anything changed as to the court ordered custody?

Also it may be illegal to kick the 16 yr old out. You are both legally responsible for him until he is 18.

jjdcs · Dec 6, 2010, 07:48 AM

Thanks for taking the time. On the divorce say: The Respondent currently has primary residence of the children, Miguel and Thomas. And access is generous and liberal and as agreed upon between the parties.

- So nothing has been changed, the Kids always has been living with me but since I moved to another province the kids stay with there Father until I Was going back to the province, but things has been changed and now I'm not going back home. My Job, new life its here in Alberta and I can't move. Now my older son choose to live the house because his father and wife have to many rules that for a teen its to difficult to assume specially when teen don't know any better. He smokes weed and his father told him that or he stop or out of that house. So now he is out, also he has another Son that was living with him and also he ask him to live too for the same reason, I just think he handle this situation very hard not matter how bad it is the situation. He is only 16 years old and I'm his mom and I feel that he is alone, very disoriented, and his father also he sponsor because he is from my previous marriage from Venezuela, he doesn't want to come and live with me but also his father doesn't want to help and he is very influence by the Wife.

ScottGem · Dec 6, 2010, 03:53 PM

At 16 your son is a runaway if he left the house. If his dad threw him out, that was illegal. You are both responsible for him until he is 18.

As for the others, because you moved (I'm assuming without permission from the court) and he is entitled to "generous and liberal" access, YOU have changed the terms of the agreement. Your move no longer allows him that level of access. So he can go to court for a modification if you attempt to take the children back.

You need to consult a local attorney who can map out a plan for you.