[mudweiser]

I have a friend in British Columbia.

She's been married to her husband for 9+ long years.

She has 1 child from him, he's not even a year old yet.

He's given her an ultimatum: If she keeps "pissing" him off she has to leave the house by the 20th [of this month].

However she wants to come to Ontario, where I am.

He threatens to charge her with kidnapping if she does so.

I'm just wondering: is there a loop-hole?

Here are some points:
•She's a full time stay at home mother, stays with her 8 year old son and the baby. When she asks him to watch the children while she takes a break he's constantly calling her cellphone and asking her to come home- she can't even take a shower for cripes sake without him banging on the door telling her to hurry.
•On his watch the baby has fallen from the bed, the couch, etc.
•He recently lost his job. He wants another job that pays the same amount as the one that he just lost- he's not willing to look for another job that pays less-- he just sits on his butt all day.
•He's verbally abusive towards her.

I'm not sure of those points helped any but what can she do?

Hope I get a quick answer.

Sarah

[adam_89]

Just trying to freshen up your post here.

[mudweiser]

Thanks.

No one has any information about this?


Sarah

[N0help4u]

I think the best thing is for her to go to a family or friends near by and file for sole custody and then have a hearing to determine custody/visitation which he most likely would be awarded. Then after she gets that straightened out she can see about moving somewhere else and go back to court for that. Right now if she tries to just move away he will fight harder and it will be next to impossible.

First step may be getting a divorce. I don't know Canadian law.

[mudweiser]

Thanks N0help :)

However she spoke to the ladies at the women's shelter and they said that she needs to contact the lawyer and ask for:
•Separation Agreement
•Emergency Custody Order [I'm sure that's not the right term for it]

If he doesn't want to get the separation agreement then she has to go through the whole court process where the lawyers do the talking... yadda yadda yadda

So in short, you can't leave the province without a legal agreement from the father's children.

Sarah

[N0help4u]

Yeah her very first step is the shelter and they can tell her what the best things to do are in her situation. They have been through all this a million times.

*If he is beating her and a threat the shelter can find a way to move her to a different providence but I think it takes something serious for that

[mathtutor]

Not totally familiar with Canadian law, but based on what you've said, as a legal parent, in the absence of a court order to the contrary, she doesn't need any "loophole" and she can go with the child wherever she wants. Now, if she does, he might charge her with "kidnapping" but it's not likely that such a charge would stick. "Kidnapping" implies confinement of someone against their will and is usually accompanied by a demand for some sort of "ransom", whether it be a demand for cash or some other type of compensatory action. In order to compel your friend to remain in one particular area and/or otherwise restrict her ability to travel with her child, the husband would need to go to court and get a judgment order to that effect. And she can file a counter motion to any action that he would file ; then the judge would consider all the evidence presented by both petitioners and make a decision.

[JudyKayTee]

Thanks N0help :)

However she spoke to the ladies at the women's shelter and they said that she needs to contact the lawyer and ask for:
•Separation Agreement
•Emergency Custody Order [I'm sure that's not the right term for it]

If he doesn't want to get the separation agreement then she has to go through the whole court process where the lawyers do the talking... yadda yadda yadda

So in short, you can't leave the province without a legal agreement from the father's children.

Sarah

This has been posted before. Her best bet - as Nohelp said - is to do exactly what the professionals at the shelter advise her to do. If she leaves and gets hauled back she will incur all sorts of legal fees and could lose custody.

Does she qualify for any type of legal aid, something along those lines?

Canada is SO different from the US that I can only post my research. We DO have a Canadian Attorney who sometimes "checks in;" let me see if I can ask her to respond.

[JudyKayTee]

Not totally familiar with Canadian law, but based on what you've said, as a legal parent, in the absence of a court order to the contrary, she doesn't need any "loophole" and she can go with the child wherever she wants. Now, if she does, he might charge her with "kidnapping" but it's not likely that such a charge would stick. "Kidnapping" implies confinement of someone against their will and is usually accompanied by a demand for some sort of "ransom", whether it be a demand for cash or some other type of compensatory action. In order to compel your friend to remain in one particular area and/or otherwise restrict her ability to travel with her child, the husband would need to go to court and get a judgment order to that effect. And she can file a counter motion to any action that he would file ; then the judge would consider all the evidence presented by both petitioners and make a decision.

Not going to give you a "disagree" but this is a Law Board - please post your reference materials for your opinions.

My research does not agree with what you have posted.

[mudweiser]

This has been posted before. Her best bet - as Nohelp said - is to do exactly what the professionals at the shelter advise her to do. If she leaves and gets hauled back she will incur all sorts of legal fees and possibly could lose custody.

Does she qualify for any type of legal aid, something along those lines?

Canada is SO different from the US that I can only post my research. We DO have a Canadian Attorney who sometimes "checks in;" let me see if I can ask her to respond.

Thanks for trying to contact the lawyer JudyKayTee.

However, I am unaware of her being able to qualify for legal aid- I will ask her. I'm sure while staying at the shelter she'll be able to do things the right way from the help she's receiving there.

Sarah

[JudyKayTee]

Thanks for trying to contact the lawyer JudyKayTee.

However, I am unaware of her being able to qualify for legal aid- I will ask her. I'm sure while staying at the shelter she'll be able to do things the right way from the help she's receiving there.

Sarah

Please keep us informed - also in Canada Paralegals have more freedom to give legal advice, fill out forms, are less expensive than Attorneys and work out of legal clinics. She may wish to give one of them a try.

- Worried about this person so let us know.

[mudweiser]

Please keep us informed - also in Canada Paralegals have more freedom to give legal advice, fill out forms, are less expensive than Attorneys and work out of legal clinics. She may wish to give one of them a try.

- Worried about this person so let us know.

I will let her know that today when I talk to her.

However, she is very very low income. She doesn't have a job and she has probably less than 300$ in her bank account [I'm guessing]. When with him [she's left before the child ever came] they are living basically cheque to cheque and sometimes I have helped her pay for some bills.

I really hope she can get some sort of legal aid for this.

I will keep you posted.

Sarah