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Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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my husband and I are having marital problems . We have 3 teen

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my husband and I are having marital problems . We have 3 teen age children at home. My husband has asked me to leave "our home" for a couple of weeks until things settle down.
What are the legal ramifications if things do not improve. Will my being asked to leave and complying lead to it being difficult to come back to the house and will it look like I am abandoning our children
Thank you for your question. My name is XXXXX XXXXX my goal is to provide you with the best possible answer.

To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.

But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Yes to both questions.

Yes it could very well make it difficult to return as you can be said to have abandoned the right to occupy the home.

And yes it could be said you have abandoned the children.

The law is that unless there is an agreement or order in place the parent with whom the children live is deemed to have custody of the children.

As well, Court do not like to alter the status quo.

I suspect that your husband has received legal advice and is asking you to leave as he knows all this.

It's highly inadvisable to move out and leave the children without an agreement in place and you should never alter the status quo in any way before getting legal advice.

You can contact the BC Branch of the Canadian Bar Association 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 $25.

The number is:

604.687.3221 or 1.800.663.1919.
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