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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100945
Experience:  Lawyer
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Hi, There was a domestic situation on July 20th. My husband

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There was a domestic situation on July 20th. My husband was removed from the home. I am moving out this coming week into a new home. He is asking to have our son stay over night with him on an equal basis and if I do not comply, he will take legal action to ensure he gets equal access. I am fine with him seeing his son, but do not feel overnights are the right decision. I also have to speak to the detective again regarding past incidents. i would like to see a lawyer about all of this. I am on a budget and am hoping to find a lawyer that would consider a "sliding scale".

Thank you,

I feel somewhat a sense of urgency to speak with someone.

Thank you for your question.

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How old is your son?
Customer: replied 4 years ago.

He is five.


(I have to leave, but will be back in an hour or two...)

You certainly don't have to agree to anything.

If he wants a court order he will have to prove to the court that what he is asking for is in the best interests of your child.

The domestic violence issue is going to harm his position.

As well, if you were the main caretaker of your child it will be hard for him to prove that you should each have the child half the time.

So you can tell him you are not agreeing to this based on his conduct and you are happy to have a court decide.

I do think you should be seeing a family lawyer next week or the week after at the latest.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-800-268-8326 or(NNN) NNN-NNNN(within the GTA)

Let me know if you need any further clarification.
Customer: replied 4 years ago.

Thank you.


I have a temporary custody form filled out as well as another one. Do you think turning this in now - initiating custody, rather than responding to his initiation - would work in my favor or, would it really not make much of a difference.


I don't qualify for legal aid and I can't afford a lawyer as I am moving out of our home and the bit of money I do have is all going towards rent and the move.



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