Hello. My husband and I have been separated for 2 years now.

You can apply to a Canadian court for an order that you have sole custody of the children. As they have been living here for a lengthy time, with the consent of both parents, the Canadian court would have jurisdiction over the children. You can apply under provincial law for such an. Order without needing to apply for a divorce under the federal divorce act.

The test considered by a court is to make whatever ruling meets the best interests of the children. The status quo that has existed as far as who has been caring for the children day to day and making decisions on their behalf would be very important to a court in. Trying to determine what arrangement will meet their interests going forward.

The fact that a. Parent has chosen not to come and see his children, and has ignored financial obligations towards the children, would also impact considerably on any custody decision of the court.

A decision of the court could be made on an interim basis pending a trial. That could be in place prior to the summer. A final order of custody ( assuming the father opposes your application) would require a trial which would not take place by the summer.

It would not be mandatory to have a lawyer for this application, but would certainly be advisable if you can find a way to do so. If you qualify for Legal Aid in your province this is the type of file that office can handle.