and took our child and stayed at a relatives, would this be kidnapping...i mean I am the mom.
My guy has a house, his house, and I cant deal with him anymore, but since I am stay home mom I dont have any money, thats why I would stay at a relatives house. What are my rights???
I livein edmonton.
2006-12-05 15:28:12 · 8 answers · asked by Anonymous in Pregnancy & Parenting ➔ Parenting
your best bet would be to go to a womens shelter or call an abuse helpline they could help you better than anyone else could. They can give you accurate legal advice. Stay strong and good luck
2006-12-05 15:37:19 · answer #1 · answered by crickle 2 · 0⤊ 1⤋
You should at least go put a restraining order on him first. Then it is at least documented why you left. File with a lawyer as soon as possible or protective services. Contact a womens shelter in Edmonton, they will help you out financially for the time and help you put the process together to stay away from him and to protect your children.
If he gets to the courts before you do, Yes he could have all the rights to take the children and charge you with kidnapping. We had a case in Ontario just a couple of years ago where the mother left to mexico to protect her children but she was charged with kidnapping and the father has custody of the kids. She is doing time.
Call or Get to a women's shelter immediately, they will also advise how you can go stay with relatives. All the best of luck to you.
2006-12-05 23:40:20 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I live in Canada. so i will tell you what i know. you have every right to leave. As for kidnapping no it is not, as there are no papers ever filed in the courts stating that he has sole custody of your child. No police officer will come and take your child from you because of this fact. I would suggest you go to legal aid as soon as possible and file the necessary papers though. All it will take is a copy of your last income tax report and your child's birth certificate to get started. If you fear for your safety or your child's then please see a lawyer right away. Or even consider going to a shelter, they will point you in the right direction for all of the above plus give you protection from your husband. Because you are common law with your husband i am not quite sure but i think you are still entitled to some of the assets because of how long you have been together again a lawyer will help sort it all out.I know for sure that you wont be charged with kidnapping though because there has to be proof of custody for that. I hope this puts your mind at ease a bit and best of luck to you....
2006-12-05 23:44:07 · answer #3 · answered by Anonymous · 0⤊ 1⤋
You would probably be better off calling a shelter where you can stay and he can't get at you, or the child. They will be able to help you find a good lawyer who mwill help yopu with the custody dispute, and for child support. They also have counsellors to help you understand why you stayed with him as long as you did. however, GO! get out, go wherever you feel safe and take the child before he does something really bad. Good luck and stay strong and brave.
2006-12-05 23:51:14 · answer #4 · answered by judy_r8 6 · 0⤊ 1⤋
You have the right to leave. But the baby's father also has the right to his child. So long as he is not abusing the child, be prepared to fight out a custody arrangement in the courts. Just because you can't deal with him anymore (nor should you have to), doesn't mean he isn't allowed access to his child. That is up to the courts to decide.
2006-12-05 23:54:08 · answer #5 · answered by Anonymous · 0⤊ 1⤋
If you don't have a court-order in place stating with whome the child lives before you leave, it is -not- kidnapping..
You shoul file a restraining order as soon as you get out of there. that way he can not come by and harrass you..
remember - as a father he does have rights, and will probably want to excersize them. If he is a good father, Don't seperate him from his child completly. allow visitation.. But if you are worried he may take off with your child (and legally he can without the court-order I mentioned above) Allow him supervised visitation (where he comes to you.. Do not go to his house with the child, he can stop you from leaving with your child.) Always have someone who can act as a witnss when you contact him (phone, in person, writting etc).
Mostly, watch out for yourself and your son, but don't get nasty about it..
Best of luck.
2006-12-06 01:40:57 · answer #6 · answered by evil_nykki 3 · 0⤊ 1⤋
If he is abusive then you need too leave. the best advise is to contact your local police and report the abuse. you don't have to stay and you can take your child out, because there is abuse. is he hitting you and is he hitting the child, if so run fast and do it NOW. the next step is to get a order that keeps him away from you and the child. be careful and get help soon. Take care
no it is not kidnapping, it is protecting your child
2006-12-05 23:47:20 · answer #7 · answered by Michael D 1 · 0⤊ 1⤋
i really doubt it would be considered kidnapping. I'm not from canada but i really don't think common law would stand up in court in a situation like this. Go to a womens shelter, tell them whats been going on and then get a restraining order against your bf.
2006-12-05 23:43:26 · answer #8 · answered by Lena 2 · 0⤊ 1⤋