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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Family Law
Satisfied Customers: 78
Experience:  25 years in practice.
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My common law partner is going through full custody battles

Customer Question

My common law partner is going through full custody battles with an abusive ex boyfriend and I stand the chance of being posted out of the province ( military) she's being told that obtaining full patently rights it highly likely but she still won't be able to leave the province without his permission. Me and her may have a child on the way and if that child is born and I do get posted out . How would that work? I don't like the idea of this mentally and physically abusive ex of hers having control of whether she can move with our child . The catch is he doesn't see his kid often but holds control almost like he's just wanting to still have control over her .
Submitted: 1 year ago.
Category: Canada Family Law
Expert:  Tom B. replied 1 year ago.
HelloThis is a sad type of situation too often seen. Please do not be surprised if my answer is that you need lawyers and a judge. What province are you in? There cannot be an order that she does not leave the province but likely that the children cannot. That is a big difference. How much does Dad see the children now?Tom
Customer: replied 1 year ago.
We're currently in bc and he only sees her once every month or so. He also is living of welfare and doesn't have any transportation . Where I make 76 thousand a year have a car and can provide for the child. It really hurts seeing my girl and her child suffer . If I do get posted out is is even possible to have her child and her come with me because if not it would ruin a relationship which we both are very dedicated into. I just don't know what to do and I love them both so much. I just want what's best for the little girl and I know I can provide for both of them.
Expert:  Tom B. replied 1 year ago.
It sounds like you are in Victoria. Does she not have a lawyer???
Customer: replied 1 year ago.
Yes we are and she does but she's saying pretty much we're screwed which makes me believe she might not be the best lawyer. I'm trying to stay out of the battle in Victoria but I know there's got to be a way to make things work.
Expert:  Tom B. replied 1 year ago.
A court will ONLY look at what is in the best interests of the children. Forget about what you want, what do you think is in the best interests of the child? Can you articulate that best interest?Tom

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