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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100008
Experience:  Lawyer
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My wife wants a divorce and is being as malicious as it

Customer Question

My wife wants a divorce and is being as malicious as it comes. She has said she has talked to family services social services and whoever and all she has to do is file the form tomorrow and she has a PO by noon. We have no custody arrangement so she took the kids from school and is holding them out of school so I can't even see them. I plan to drive to PEI so I can leave the house that are in to them as their friends are here and the schools are close. She's claiming I abused her for years which I've never laid a hand on her or been abusive that I'm aware of I mean weve probably both said things in anger but nothing over the top. She's also said I'm a threat to take the kids and run to pei with them. Essentially she wants me out of the house for herself which I don't even care I'm trying to leave but don't need to be slandered so can I go to the court house and stop this before its filed I mean it's ludicrous
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Are you saying she has removed the children from the home and is living elsewhere with them or why else can you not see the children? Have you moved out of the home already?

Customer: replied 1 year ago.
She took the kids from school and is hiding them yes. I'm in house by myself. I'm getting ready to leave tomorrow as my family is from the other side of the country and I have no one here and feel it's best to let the kids stay in the hose with her when I leave but she won't even have them say goodbye to me
Expert:  Debra replied 1 year ago.

It is very risky for you to leave the home in the province at this point in time. You will be said to have abandoned the children. So if you want sole or joint custody it is vital that you do not move out of the home yet. Your spouse seems to believe that she owns the children. She does not have any higher right than you do to the children. So for her to tell you that you cannot even say good bye to the children is unacceptable and very harmful to the children. She does not seem to care about their best interests at all.

By removing the children from the home without your consent or a court order your spouse has acted unlawfully. So if you interested in considering obtaining sole or joint custody of these children your best next step would be to apply to the court on an emergency basis for sole custody because your spouse has committed parental abduction. In that way you will have the upper hand because until you are back in court in a couple of weeks you will have custody of the children which will put you in a very strong position in terms of obtaining sole or joint custody.

At the very least, it is vital that you first consult with a family lawyer face to face before changing the status quo in any way. If you leave the home now you may later deeply regret this move that was made without legal advice.

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