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"custody"
- What if my husband kidnaps the children and takes them to another country?
- Can he take the children away from me because I have no job and live in a shelter?
- What happens if I take the children from home with me to a shelter for battered women?
- How can I be accused of abducting my own children?
- How can I show that I felt the children or I were in danger of being harmed?
- Can I get custody of my children if I am sponsored?
- Can I get custody if I can not speak the language?
- How can he apply for custody of the children when he is threatening to harm them?
- What can I do in order to get custody of my children?
- How will I be able to prove to the court that abuse took place when no one else ever saw it?
- Do we have to sort out custody by fighting in court?
- How can I find a lawyer to help me?
- Do I need a lot of money to get a lawyer in order to get custody of my children?
- How long will it take to get an order for custody?
- Do I have to let him see the children even though he has threatened me that he will kidnap them?
- What can I do if my husband or partner breaks the custody order?
- What if my husband kidnaps the children and takes them to another province?
- he might make a complaint to the police that you have abducted the children
- he might start a legal action for custody of the children
- Lawyers are listed in the Yellow Pages
- Look for one who specializes in family law
- Ask your friends if they can recommend a person or a law firm
- The Law Society of your province will have a list of lawyers in your area who practice family law
- There may be agencies that can help you find a lawyer, e.g., the Protective Restraining Order Project in Edmonton
- Legal Aid can refer you to a lawyer practicing in family law.
- No access is given, or
- Any visits are to be supervised by someone like a social worker, or
- Specific times and places are given when visits can take place.
Rose learned about child custody.
Custody is a legal term meaning the care and control of a child. It means having the right to make all of the major decisions about and for a child. Very often in Canada, it means having the child live on a day-to-day basis with the person with custody, but not always. (Source: http://www.extension.ualberta.ca/legalfaqs/nat/di-cus01.htm)
There are other related questions that Rose may have.
What if my husband kidnaps the children and takes them to another country? (c15 October 1998)
If the children have been taken abroad it may be hard to bring them back. It depends on which country they
are in. Some countries have signed an international treaty and will recognize and enforce custody orders made by
courts in other countries if the children are too settled or will not be returning to a harmful situation.
If your partner asks for custody of the children or if he contests an action that you start, a
court will make the final decision about where the children should be. The court will take many things into
account when making this decision, but the guiding principle is what is best for the children.
Of course it is hard for the children to be living in a shelter away from their home and especially difficult if
you have no income. If you have left an abusive situation, however, and you can show that the children
and you were in danger of being harmed, the court is not likely to put the children at risk by placing them back in
the home.
There are two possible courses of action that your husband or partner might take using criminal law or
family law:
The law says that where there is no custody order in existence, it is an offence for one parent to take children
under fourteen years of age from the other parent with the plan of keeping them away from him. If you hide the children
so that they are not available to their father, there is a possibility
that you will be charged.
Removing the children could also be an offence if it is against the terms of a custody agreement that already
exists.
There is, however, a defence to any possible criminal charge. If you can show that you took the
children away because the children or you were in immediate danger of being harmed or even that you
honestly believed such a danger existed, then you may be able to resist criminal charges.
It is extremely important to have proof to support your claim. If you are in an abusive situation, try
to make some plans before you leave. Keep a record of when and how you or the children are abused. If you or
the children are seeing counsellors because of the abuse, keep records of this also.
It will also be useful if there are any witnesses to the abuse. Even though you may think it is taking place in
private, your friends and family may notice more than you think. Try talking to them to see if they can help.
Whenever a court is considering a custody situation, the test is always what is in the best interests of the child. In a sponsorship situation, the court will be looking at the parenting capacity of the applicants. There may be some difficult issues if the parent applying for custody is on a departure notice and the other parent opposes the application.
Again the question for the court is what is best for the child in any particular case. If the parent can not function in the community to meet the needs of the child because of language difficulties, that may be one factor the court will take into account in making a decision.
Even when parents separate physically, they both still have equal custody rights to their children until a court
order says differently.
It is very important that you deal with the issue of custody of your children immediately. This applies
whether you take the children with you or whether you have to leave them behind with your husband or partner.
The only way that you can legally obtain custody of your children is by asking for an order from a court that
deals with family law. It is possible for you to do this by yourself, but in reality it will be quicker and easier for you
to get advice and assistance from a lawyer or from an agency that specializes in family matters.
First, tell your lawyer everything that occurred so that he or she can bring the
facts to the attention of the court.
In order for you to remember everything, try making some detailed notes as soon as you can. Make a note of
every time your partner abused you or harassed you. Even though the incidents took place in private, your
friends and family may have noticed more than you think and could be helpful witnesses. Try to remember times
that you may have sought medical help or counselling as the hospital or crisis centre will have records.
Remember that the courts will need good reasons to give sole custody to one parent.
It is always possible for parents to agree that their children should live with just one parent. The agreement
can be informal but usually the agreements are put before the courts and made into court orders. If custody can be
worked out by agreement and the court approves of the arrangement, there is no need for arguments and fighting
in court. The court will simply approve the agreement made by the parents.
In a situation where the parents cannot agree about custody arrangements or where one party fears for the
safety of the children, it is necessary to persuade the court to make the appropriate order.
You need a lawyer who practices in the area of family law. There are several ways that you can find one.
There are ways to get legal assistance when you have limited finances. First, you may be eligible for Legal
Aid. Legal Aid is a fund that will pay part or all of your legal costs depending on how much money you have.
Second, you can discuss payment with your lawyer. He or she may be willing to charge a lower fee or let you pay by installments.
If you are planning to leave an abusive situation, it is a good idea to put some money in a secret
emergency fund that you can use when you leave.
Although it can take anywhere between two months and two years to get a final custody order, the courts can
grant an interim custody order quickly. For example, if you see your lawyer one afternoon, he or she can apply
for the order the next morning. An interim custody order can give you temporary sole custody until the matter is
finally resolved.
The parent that does not have custody of the children is normally given access or visiting rights by the court. The
view of the courts is that normally every child has the right to see and associate with both parents. Exceptions
can be made in a situation where it is likely that the child will face physical or emotional harm.
If you fear for the safety of your children you will have to tell your lawyer so that he or she can ask the court that
special terms be written into the custody order. Examples of terms that could be requested are:
It is very important that the terms of the order be specific and very clear. This is so that there is no confusion if the
order is broken and it has to be enforced.
Can he take the children away from me because I have no job and live in a shelter? (c6 October, 1998)
What happens if I take the children from home with me to a shelter for battered women? (c1 October , 1998)
How can I be accused of abducting my own children? (c2 October, 1998)
How can I show that I felt the children or I were in danger of being harmed? (c3 October, 1998)
Can I get custody of my children if I am sponsored? (April 2000)
Can I get custody if I can not speak the language? (April 2000)
How can he apply for custody of the children when he is threatening to harm them? (c4 October, 1998)
What can I do in order to get custody of my children? (c5 October, 1998)
How will I be able to prove to the court that abuse took place when no one else ever saw it? (c7 October, 1998)
Do we have to sort out custody by fighting in court? (c8 October, 1998)
How can I find a lawyer to help me? (c9 October, 1998)
Do I need a lot of money to get a lawyer in order to get custody of my children? (c10 October, 1998)
How long will it take to get an order for custody? (c11 October, 1998)
Do I have to let him see the children even though he has threatened me that he will kidnap them? (c12 October, 1998)
