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circleone · Oct 24, 2010, 06:06 PM

A few years ago, my son and I had to move back in with my parents, due to my losing my job. I've got a new one and have been saving money so we can move back out this summer. My parents recently told me that if I try to take my son out of their house, they will take me to court. They have also been filling his head with all sorts of nonsense, like "If you move out, it'll kill me". That is what my father said to him. They told him that it's his choice and the age of consent is 12 (he'll be 12 in December) in Canada (this I'm not sure of).

Now, they have no reason to fight me for him. I've got a full time job, am sending myself to university part time, am not a drug addict or alcoholic, nor do I neglect or abuse him. They simply don't want me to move him out of their town. My father is 74 years old and can barely walk. My mother is 63 and works 7 days a week. It is not a stable, structured environment for him.

My question is this: based on all this information, is there anyway a judge would rule in favor of them, rather than me? And does the age of consent apply to a decision of mother vs. grandparents, or only parent vs. parent?

The ONLY thing they have on me, is that at the moment, they have more money than I have.

Is it possible that I can lose my son?

ScottGem · Oct 24, 2010, 06:20 PM

Based on the rules posted on this siteL
Child Custody Under the Canadian Divorce Act: The Twenty-Three Commandments

They don't have much of a chance. Nor is 12 the age where the child's preference has much weight.

circleone · Oct 24, 2010, 06:32 PM

Thank you, thank you, thank you! I've been worrying myself sick for the past week.

Fr_Chuck · Oct 24, 2010, 06:42 PM

Agreed, unless they can prove you unfit in some area, this sounds more like a threat ( that they can't back up) hoping you will merely bluff.

The biggest worry is what they are telling the child, and the guilt he may feel if you move and in a few months one of them may die, he may feel in some way he did it.

I would get him out of their house today, if someone tried that on my kids. You also need to explain to them that they may cause untold harm to him by telling him all those lies.