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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100051
Experience:  Lawyer
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Daughter brought boy friend from Wales to Canada. lived

Customer Question

daughter brought boy friend from Wales to Canada. lived commonlaw, have 2 children 5 & 3, he came with debit and now in separation. With her lawyer she is offering half her house, no spousal support, no child support and children to dad for 3 days twice a month. he has never contributed with any financial support. Has work minimal amounts. She is now left house because she is so afraid of him. Is this a good deal to get rid of him. I think he will still be nothing but try to get more & then More using the children to get it. What can be done? as a grandparent do I have some rights. We have been successful in getting an order so the children can not be moved out of province or country.Thanks
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

When you say you've received the order do you mean you it your daughter ?

Customer: replied 1 year ago.
my daughater
Expert:  Debra replied 1 year ago.

So when your daughter just moved out of the home, she took a children with her right?

And if so, the father has a protested about that?

Is a father a permanent resident?

Customer: replied 1 year ago.
he is not a Canadian citizen just landed immigrant & has not worked much just enough to get EI then he has another carpentry job sporadically and told that boss not to pay him until his EI runs out. That is frightening. he has given 750$ two times and just over %00 two times. Never pays any bills etc.
RCMP were called nov 1, told them they would have to work out when he can come in the house , but he was just coming and going & she was very scared as he is so abusive she moved to her sisters house . he ahs come and grabbed the children several times. her lawyer told her not to let him have the children, but she is not able to stand up. she says "no" but he just takes them anyway.
we feared he would take them to wales as he is stock piling money and has not friends etc. here so no connections in Canada. I went to the RCMP with my concerns on the children being abducted and that is why the order not to leave the province or Canada. Our MP was also very helpful in getting this in place.
He just wants money, he told my daughter that he wants $60,000 and the children half time if he doesn't get that he';; get more and she'll be sorry.
He is verbally abuse to me also and I am very scared of him as well as for my daughter.
Expert:  Debra replied 1 year ago.

Is just horrible. I'm so sorry to hear this.

One thing more you should do about the children right now is you should contact Canada border services and tell them that they need to be on the lookout in case there is a potential parental abduction. Also, if your daughter has the passports cshe should hide them.

This sounds like a dangerous situation and I suggest that your daughter speak to her lawyer about getting an interim order for sole custody where access is restricted and perhaps it should be supervised access and this order should be made police and enforcible. That way she can deny him the chikfreb and can call the police if necessary and if he has the children she can call the police if he appears not to be returning them on time if he does have access.

He is a terrible bully but he doesn't make up the law and your daughter and you should both realize that he is not going to do very well in court. In fact, all of these incidents are going to harm his chances of getting joint custody he and he is quickly going to learn that he isn't able to call the shots anymore.

Customer: replied 1 year ago.
but it is good that she is will ing to give him half the house, no spousal or child support and kids two eekends a month.
Customer: replied 1 year ago.
today he is being served
I think that since she has paid off his debits & provided housing etc.and has owned the part one of the house free and clear prior to his arrival .He put a small amount of labour into the addition part two but no money the rest was done but family, friends, and hired other help. What would be the chances would she have to keep the children and more of the house. He has shown no interest in the children until Nov 1. She no longer has any savings left.
Expert:  Debra replied 1 year ago.

How long exactly did they live together for?

Customer: replied 1 year ago.
2oo9 - 2013 when they had an in-house separation. she and children lived in part one of the house and he lived in part two.
this has been the arrangement since that time. However she has had no privacy as he comes in and does what ever he wants whenever. calls he a worthless piece of 888. His girlfriend texted my daughter that they have been having an affair for over a year and a half.
I am trying hard to be objective her and not interfere so say very little. Mostly just listen. I know both to blame but my worry is for the children. I babysat until a year ago for free and am a retired special education teacher so they had a nice and supportive time with gram. I hate what is happening to them now.
Expert:  Debra replied 1 year ago.

As you likely know common law spouses have the same legal rights that's legally married spouses have when it comes to support and property division.

Generally, the courts consider common law relationships and marriages to be equal partnerships. This means the court does not usually look at contributions to assets. However, it is possible for a court to decide not to divide assets up equally when doing so would be unfair and cause one person to be on justly enriched to the detriment of the other. So it may not be that the court will order that he gets half of the house.

But, your daughter's lawyer has a much better idea of what is going on in terms of the details and she should really listen to the lawyer in terms of advice. I am only providing general legal information. Do you see what I mean?

Expert:  Debra replied 1 year ago.

Please let me know if I missed anything or if you have any follow-up questions.

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