when you are trying to get away to be safe in the first place?
2006-07-07 00:19:16 · 4 answers · asked by prdmmf2bys 2 in Politics & Government ➔ Law & Ethics
this depends on whether or not you already have a court order in place or not. if you are still in the home with the jerk you can leave with the child wherever you would like. no one has custody yet. as soon as you get where you are going you need to file court papers for custody.
if you are already out of the house and have an order stating that you cannot leave the province without x number of days notice (which is what most orders provide) then you simply give the jerk notice by registered mail that you will be leaving the province and going where ever you are going. he will have to file an application with the court to stop you.
i would highly suggest that you have as much reason as possible for leaving your province such as 1) better quality of life for the child 2) higher paying job for yourself 3) family ties etc you will need to prove to the court that you have valid reasons for moving.
unfortunately the court does not equate spousal abuse/assault with child abuse. just because the jerk was abusive to you does not mean that he was/will be abusive to the child (as far as the court is concerned anyhow)
i strongly recommend speaking to a lawyer to find out your best option. there are many lawyers practicing family law who offer free consultations
best of luck to you and your babe
2006-07-11 15:44:47 · answer #1 · answered by canadian_beaver_77 4 · 2⤊ 0⤋
Because the system usually seems to be more concerned with preserving the rights of scum.
Sorry to hear you're having a rough time, but you're deffinatly doing the right thing, and it takes a strong woman to leave an abusive spouse. I hope things get better for you. Good luck.
2006-07-07 00:22:50 · answer #2 · answered by Nate 4 · 0⤊ 0⤋
Unfortunately even abusive spouses have rights too and laws are designed to protect everyone. In a perfect world this wouldn't happen but what I suggest is that you take him back to court and ask a female judge for that stipulation be removed from your separation or divorce papers. Wish you the best.
2006-07-07 00:32:33 · answer #3 · answered by Bob D 6 · 0⤊ 0⤋
You really need to go the the HRS to get help without the spouse knowing it because I don't think you need to get permission from him if he abusive he may turn on the children and we do not want that right
2006-07-07 00:45:22 · answer #4 · answered by Linda 7 · 0⤊ 0⤋