Embaucher un avocat
DC Logo F-no-tagline
DC Logo F-no-tagline

Adultery and dispute over a child

Anonymous Asked:

Hi there

My daughter separated last year from her husband who left her and their two week old baby in Langley with us (her parents) and he went home to Quesnel. He then had a girlfriend for about 2 1/2 months then when their baby was 6 months old, her husband only saw the baby a handful of times, but they decided to try to make things work under the understanding the other woman is out of the picture. In June of this year she caught him texting this woman again and again upon his begging she forgave him, now on Jan 1 she found out he has been talking to her all along, upon confronting the gf she confirmed they have been talking and he does not live my daughter. They were in the process of purchasing a house in Quesnel and of course my daughter is cancelling this tomorrow. His reasoning for buying a house is that if something happened he'd have a house to live in. My daughter is packing up to come home with my husband and I to Langley as there is no help or family for my daughter in Quesnel. They have a daughter she is now 18 months old and very attached to her Mom as dad has never really shown very much attention to her. We have helped raise this child for the first 6 months and are willing to help out again as her hubby has no living relatives. Would this be classified as adultery? Or what is the classification of adultery, there was never a legal seperation drawn up the first time as he was refusing to pay anything for the baby. He has threatened to sue for custody as he makes more money, she quit her job in Langley to go to Quesnel as that is where worked. She will be working when she comes back to Langley. Please advise us if what we should do or a name of a good family lawyer please. We are desperate to help her. She has no problem sharing custody but he has more money and pull.
Thank you

Expert Comment:

Notify of
1 Comment
Newest Most Voted
Inline Feedbacks
View all comments
Stuart Zukerman
8 years ago

The existence of adultery is largely irrelevant to the resolution of any disputes over finances or children (unless the child was exposed to sex acts) – but otherwise the legislation and caselaw says that the judge is not permitted to consider moral conduct when determining issues of custody, support or asset division.

Regarding custody the focus will always be what is in the best interests of the child and courts tend to work from the pre separation child care arrangement forwards such that if your daughter was the child’s primary care giver then she is likely to remain so, with reasonable and generous parenting time to the father.

You can book a free initial consultation with my office (Zukerman Law Group – 604 – 575-5464 as we are 10 minutes from Langley – on 152nd street just one block south of Highway 10).

Latest Questions Asked:

DC Icon

What can you buy while you filling for a divorce

What can you invest on or buy while you are going through divorce

DC Icon

Preparing for Court: What to Expect in a Contested Divorce Trial in Ontario

Divorce is a life-altering event that can be emotionally draining and legally complex. When a divorce becomes contested, both spouses cannot agree on some or all of the key issues. This can lead to more significant challenges, as the court has to step ...

DC Icon

Do Divorce Lawyers Work on Weekends? Get Expert Advice When You Need It

If you've been wondering, "Do divorce lawyers work on weekends?" you most likely are experiencing the common truth that navigating the complexities of divorce can be challenging, and finding the right time to discuss your concerns with a divorce lawyer ...

DC Icon

How to Not Pay Spousal Support in Canada

Introduction Divorce can be a challenging and emotionally draining process, and one of the most contentious issues is often the payment of spousal support. Many individuals going through a divorce wonder, "how to not pay spousal support in Canada?" Whi ...

DC Icon

Divorce Lawyer for Business Owners: Protecting Your Business and Assets

Divorce is a difficult and emotional process for anyone, but it can be particularly challenging for business owners. The division of assets and determination of spousal support can have a significant impact on the future of a business. That's why it's ...

DC Icon

Divorce Lawyer For High Net-Worth Individuals

High Net Worth Divorces: Navigating the Complexities and Protecting Your Assets Divorce is never an easy process, but when it comes to a high net worth separation and divorce, the stakes are even higher. Unlike the average divorce, high net worth divor ...

See All Questions
Would love your thoughts, please comment.x