Posted on: 26-09-17 14:59:05
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?
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
Any family lawyer in forum??
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.
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.
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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We will find a way or we will make one
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.
