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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101025
Experience:  Lawyer
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I have only seen my children for 4 days since February 4 and

Customer Question

I have only seen my children for 4 days since February 4 and when I returned home I was severely assaulted by my wife. This is her 5th assault charge against me and I have fled the environment. My children I believe are safe, but I have an RV and atv that are on the property in my name that she has been using. Being that I have clearly been and still am the victim, what are my rights?
JA: What state is this in? And how old is the RV?
Customer: Alberta Canada. RV and Atv are both 2015. Valued at over $50,000 for both
JA: Has anything been filed or reported?
Customer: Her charge has gone to trial for July 11. Yes she was charged
JA: Anything else you want the lawyer to know before I connect you?
Customer: She has numerous DUI's, extensive alcohol problems, and has had a hard time coping with many family deaths that she has not dealt with other than taking it out on me as I was once the closest to her
Submitted: 4 months ago.
Category: Canada Law
Expert:  Debra replied 4 months ago.

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 4 months ago.

I am sorry to hear this.

Are you asking about your belongings or the kids?

Customer: replied 4 months ago.
I'm looking at answers to both. With me being the rightful owner of the assets, and being the neglected father, I believe that my girls are in a dangerous environment. Therefore I feel I have the right to remove them immediately before it looks bad on me for leaving them there till now.
Expert:  Debra replied 4 months ago.

You don't really have the right to move them. The reason why is by moving out you have their mother what is called de facto custody. They live with her and there is no order for custody or access.

So your best next step is to commence legal proceedings to seek sole or joint custody.

With respect to your belongings you can remove your personal belongings when you want to as they are yours. That is not the same as household goods which you cannot remove without consent or a court order.

If possible you should retain a family lawyer to commence legal proceedings.

The longer you wait the more entrenched the status quo becomes with the kids and the harder it will be to get a court to change it.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Expert:  Debra replied 4 months ago.

Is there anything more I can help you with at this point in time?