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Law.Hut
Law.Hut, Lawyer
Category: Canada Law
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Experience:  with over 15 years experience.
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Hi! I have a question about custody and contacting the kid. I

Resolved Question:

Hi! I have a question about custody and contacting the kid.
I came to Canada with my kid as a refugee because of my ex-husband. Our refugee status was granted because of domestic abuse. My ex also started a case and was asking to bring child back, but his claim was refused as in family court was again proved domestic abuse.
Now after all this - he is asking access to the kid and wants to come to Canada and contact us. Can he actually ask access if 2 courts proved domestic abuse. Shouldn't he actually be restricted to come close? What is the law about this?
I was suffering from him many years and now when I hear these demands and possibilities that he will come visit I am scared, confused and don't see how I am protected. Going back home it's life threatening, I have restrictions, so how come that the abuser can ask to visit us here. Please, help with advise or where can I read some laws about it?!
Thanks!
Submitted: 11 months ago.
Category: Canada Law
Expert:  Law.Hut replied 11 months ago.
Hello:

Nothing can stop him from applying to the Canadian court to ask for an order to have access. But his being a lento ask does not mean that the court will allow it.

The court always has authority to make a new order about child custody or access. It can review any prior order if there has been a change of circumstances. But it must always rule based on what is best for the child. There is no such thing as an automatic right of a father to have contact. The court can certainly be advised about the prior rulings and his abusive nature , and the court can decide that contact with your child would not be in the child's best interests and refuse such contact.

Here is a web address with general information on the las regarding custody and access:

http://www.attorneygeneral.jus.gov.on.ca/english/family/divorce/custody/

You can also search case law on the topic if you wish at a website called canlii, which has a free database of legal decisions.

If you have any other more specific question, please let me know.

I hope this is helpful. If you have no further questions, please rate the answer positively, as otherwise the site does not credit me, even if you have paid a deposit. You can still ask follow up questions after rating though, if you wish.
Customer: replied 11 months ago.

Immigration court and Family court now about abuses, life threatens - based on that we can stay in Canada and be protected persons (from him and back home country).


Can I refuse contact with him and say that I don't want any contact with my child? Are there any law to base my answer?


Can I actually ask that he would be restricted to come close to me and my family if I have 2 court decisions that proved that he was abusive and I had life threatens? Which law says that? I need a law to lay on.

Expert:  Law.Hut replied 11 months ago.
Yes, unless and until a court says differently, you can refuse contact. You have the decision making power and that is supported by the prior rulings about his abuse.

Yes, you can seek an order that he not be allowed near you or your family. If you have some reasonable basis to fear he may harm you or your family, you can go to the police and ask for a peace bond, pursuant to section 810 of the criminal code. That can prevent him from having any contact with you and if he visited this it is a criminal charge against him.

You do not need a lawyer to get such a peace bond.

Customer: replied 11 months ago.

Thank you!


If I go to police, do I need something to prove my fear? Can I get that for my kids too, even as he is a father living in other country?


Can that peace bond help me in court to get decision that I don't want him contacting my kid?

Expert:  Law.Hut replied 11 months ago.
You can prove your fear through your own statement of what happened in the past.

A peace bond can apply with respect to both you and your children, and prevent any type of contact from him to your children.

But the police likely will not be able to make any type of order that is enforceable unless he comes to Canada. While he remains in the other jurisdiction, it would be the police and courts of that country that have authority over him.

Law.Hut, Lawyer
Category: Canada Law
Satisfied Customers: 7024
Experience: with over 15 years experience.
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