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Child's custody after divorce




One of my friends is going through divorce from her husband. She has 2 yr old daughter. Is there a provision in Canadian law that she gets sole custody of the daughter with limited visiting rights to the father?

 
smiley1

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Post ID: 236073 26-09-17 14:59:05
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hchheda
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Member since: Aug 05




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As far as I understand, a law is never black/white. Any ruling is based on the merits of the facts put in front of the judge.

That said, any suggestions/comments on forum will be useless to the effected person - she/he has to hire and follow the advice of a legal expert/lawyer she/he trusts.

Obviously such situations are very tragic especially to the child - parents need to keep their emotions aside and decide whatever is the best for the child.

Good luck.

Hiren


 
Post ID: 236074 26-09-17 17:52:02
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smiley1
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Any family lawyer in forum??

 
Post ID: 236075 26-09-17 17:57:42
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MITRON
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Member since: Sep 17




Posts: 63
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Quote:
Originally posted by smiley1

One of my friends is going through divorce from her husband. She has 2 yr old daughter. Is there a provision in Canadian law that she gets sole custody of the daughter with limited visiting rights to the father?



There is NO such provision.

But because she is a woman she has a very good chance of getting sole custody. Sadly 90 % of such cases are decided in favour of the woman, irrespective of how bad a parent she is and how good a parent the father is.

Its just assumed that a mother makes a better parent than the father, so the judges decide in the woman's favour.

She will also get 50 % of his house, child support from him and alimony going forward.

5 days a week the kid will be with her and weekends the dad will get visiting rights. That too the timings will be strict. If he brings the kid 1 minute late, she can call the cops on him. He will be under strict supervision at all time irrespective of how good & nice he is.

She will make his life a living hell and use the kid as a pawn. Plus she will slowly & steadily turn the kid against him, by lying to the kid about her dad.

Unfortunately the kid will suffer in all this and won't have a father figure in her life, due to the vindictive nature of mommy.

The ideal situation is 50:50 custody of the kid. But the very fact that she wants sole custody of the kid, shows what a beetch your friend is.


 
Post ID: 236078 26-09-17 22:29:05
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MITRON
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Member since: Sep 17




Posts: 63
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Quote:
Originally posted by smiley1

Any family lawyer in forum??



Ask them to go for an out of court amicable settlement which is in the best interest of the child.

The family lawyers from both sides are just going to milk the clients and complicate the case further. It will become more bitter & nasty after they are involved.

The family lawyer will ask her to lie in court and make false allegations against the husband like he was a wife beater, womaniser, alcoholic, verbally & physically abusive so her case becomes stronger and she gets what she wants.


 
Post ID: 236079 26-09-17 22:36:29
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Smiley
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Member since: Mar 03




Posts: 1179
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After the divorce Truth for the Dad

After the divorce Truth :

No matter what you do, in her eyes, in her family's eyes and her friends' eyes, you will be the bad guy.

She gets evicted, it's because you don't pay enough in child support or alimony.

She loses her job, it's because you don't spend enough time with the kids and she's overwhelmed.

She's sad or lonely, it's because you spend too much time with the kids and you take them away from her.

She gets a DUI, it's because you made her angry and made her make bad choices.

She has failed relationships, it's because you gave her trust issues.

She cheated on you and then on her new boyfriend, it's because you weren't there for her and gave her abandonment issues.

Likewise...

If you're successful now, it's because she was there for you early on and now she doesn't get to partake in your successes, and you don't pay her what she is entitled to.

If you're happy now, it's because you take pleasure in the fact that she is sad.

If you have money in savings now (because you're not spending it on her disasters), it's because you have been hiding it from her and she is entitled to it.

If you're healthy now, it's because you kept your good health insurance and she was dropped from it and had to go on a cheap plan.

If you are in a new relationship and are happy, it's because it's all for show and you're going to treat the new girl just as poorly as you did the last one.


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Post ID: 236082 27-09-17 12:06:22
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poorme
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Member since: Jul 17




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Finally a good advise by Global Indian.

Quote:
Originally posted by MITRON

Quote:
Originally posted by smiley1

Any family lawyer in forum??



Ask them to go for an out of court amicable settlement which is in the best interest of the child.

The family lawyers from both sides are just going to milk the clients and complicate the case further. It will become more bitter & nasty after they are involved.

The family lawyer will ask her to lie in court and make false allegations against the husband like he was a wife beater, womaniser, alcoholic, verbally & physically abusive so her case becomes stronger and she gets what she wants.





 
Post ID: 236083 27-09-17 15:53:41
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Blue_Peafowl
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Member since: Dec 08




Posts: 1328
Location: Brampton, Ont, Canada


Most of the time problem can be solved by mutual understanding between husband/wife ...

But problem is mostly women ( poor lady as per their supporter) get lot of support from outsider ( friends, family , bf etc... so she get confident that she is not lonely ... that where the problem start, now she has support she will not think about future impact on kids... she just want to screw the guy, take his money... all she cares about revenge.

Lot of divorced has been mutually resolve if people stop poking their nose into others issue...

Yes, some cases i understand guy might be bully, danger but those cases 911 is always there... but if someone come to you ask for help that means that person is looking out of her personal interest ( comfort, freedom, opportunity) ..

Just stay away from this lady - you might save her marriage.


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Post ID: 236084 28-09-17 12:01:13
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san-hugo
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Member since: Aug 10




Posts: 2006
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Quote:
Originally posted by Blue_Peafowl


Just stay away from this lady - you might save her marriage.



+1 , good advice.





 
Post ID: 236085 28-09-17 22:08:33
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san-hugo
Senior Desi
Member since: Aug 10




Posts: 2006
Location:


Quote:
Originally posted by smiley1

One of my friends is going through divorce from her husband. She has 2 yr old daughter. Is there a provision in Canadian law that she gets sole custody of the daughter with limited visiting rights to the father?



Sorry kid :-(

Please be a good friend and do your friend plus the kid a favor - Do not look for an answer to the provision of a sole custody! It is an anti-children thought.



 
Post ID: 236086 28-09-17 22:14:53
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Contributors:
Blue_Peafowl(2)  elmer fudd(1)  hchheda(1)  MITRON(2)  poorme(1)  san-hugo(2)  Smiley(2)  
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