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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 100976
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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My brother has been in a loveless marriage for 15 years. He

Customer Question

My brother has been in a loveless marriage for 15 years. He has told his wife that he has been seeing other people. They have two children. She has confronted him about his current partner and may want a divorce, he wants a divorce but is worried about custody issues. Should he remain living in the family home while lawyers are consulted or stay away to prevent arguments?
Submitted: 1 year ago.
Category: Canada Family Law
Customer: replied 1 year ago.
This is urgent
Customer: replied 1 year ago.
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Expert:  Legal Ease replied 1 year ago.
Thank you for your question. I just want to confirm that so far he has not moved out of the home. Is that correct?
Customer: replied 1 year ago.
Customer: replied 1 year ago.
Should he temporarily stay with family to cement the separation?
Expert:  Legal Ease replied 1 year ago.
No he should not.First, there is no such thing as cementing the separation.Second, and most importantly, if he leaves the matrimonial home he will be said to have abandoned his right to possess the home and to have abandoned the children.The law is that in the absence of any agreement or order with respect to custody the parent with whom the children live is deemed to have what is called de facto custody of the children.If he moves out he is giving his spouse a very strong upper hand with respect to custody. Courts do not want to change the status quo and he is creating a status quo where the children live with their mother and not with him.Does that answer your question?Feel free to post back with any follow-up questions that you may have. If you do not have any follow-up questions I hope that I have earned a five star rating. However, if you do not feel that I have earned this rating please do not hesitate to let me know how I can better assist you.Finally, please understand that even after you rate me I will be here for you and if you think of any follow-up questions at a later date you can ask them then without any further charge.