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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100996
Experience:  Lawyer
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I hope so I have sited division 4 of family law, section 62

Customer Question

hello yes i hope so I have sited division 4 of family law, section 62 (a) for grounds to not give my three daughters back to my ex partner after alegations of abuse where brought to my attention two days ago
JA: What state are you in? It matters because laws vary by location.
Customer: i ma in canada
JA: Has anything been filed or reported?
Customer: i have made a report with Ministry chilrena nd families they are investigating I have a description of the event if that helps
JA: Anything else you want the lawyer to know before I connect you?
Customer: yes, the ex wife is demanding ghte girls back tonight or consiquences
Submitted: 4 months ago.
Category: Canada Law
Customer: replied 4 months ago.
later in the evening as the children were heading off to bed my eldest daughter, Isabella spoke
to me about an incident which took place during the week of April 24th where she and all of her
sisters were under the protection of her mother's care, in her mother's home, on her mother’s
scheduled parenting time.
The incident involved Krista’s new partner ***** ***** and Isabella.
I was told of a situation where isabella was searching an image for school home work on the
household computer when she was confronted by a visibly upset frank demanding that she was
not allowed on the computer and he grabbed her wrist, held on and forcibly attempted to
remove her from ‘his computer’.
Isabella was startled deeply by this contact, froze up and refused to get up from the chair beforeFrank let go of her arm; telling him ‘Let go of me’, ‘Let go of my arm now’. Frank refused, escalated and then moved to physically removed her from the chair at which time isabella was
further frightened and without any options, jumped and moved.
She was left incredibly shaken and filled with anger towards this man who in Isabella’s view, has
no right to physically abuse her in anyway.
This story was corroborated by her younger sister Sophia.
Customer: replied 4 months ago.
I have sought legal counsel through the legal aid system. I have explained the situation to my
legal aid representative and combined with my previous file from the history of our separation,
they have advised me that sending the children into a hostile environment without steps to heal
the obvious trauma that is being experienced is to accept the situation and condone it for the
future. I do not agree with Krista’s or her new Partner Frank’s ability to objectively parent these
children without causing additional damage to their already compromised experience through
their parents separation caused by their mother's adulterous relationship and subsequent birth
of twins. I have sought support, under the direction of legal counsel, to contact MCF. I have explained the
situation to them as well and they are taking this very seriously. I have been informed to expect
that the ministry will now begin to investigate and that interviews are soon to follow.
Customer: replied 4 months ago.
Division 4: Contact with ChildWhen denial is not wrongful62 (1) For the purposes of section 61 [denial of parenting time or contact], adenial of parenting time or contact with a child is not wrongful in any of the followingcircumstances:(a) the guardian reasonably believed the child might suffer family violence if theparenting time or contact with the child were exercised;
Customer: replied 4 months ago.
my secific question is;
Because the violence was targeted towards the eldest child adn she has now be removed from the situation by refusing to go back to moms home, the mom is now demanding that the younger two be returned to her scheduled parenting time (tonight and for 5 days) Am I legally on solid ground to keep them?
Customer: replied 4 months ago.
The abuser is still in that home...
The girls have told me that he is also spanking my youngest on a regular.
ISabella 12, Sophia 8, Calla 4.He should not have the right to do what he is doing. Does he?
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 saddened to hear of this terrible story.

I would be shocked if anyone anywhere thought you should send your children back into the home.

The oldest was assaulted, plain and simple.

The youngest is being spanked which is generally considered abuse and certainly abusive if the person is not a parent.

So I suggest that you bring an emergency application for interim sole custody on the basis that the current situation is leaving the children in a home with physical violence where they are being assaulted.

And if you can get a legal aid lawyer to assist you then have the lawyer act. If you cannot then get all the help you can get and self-represent.

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?