Adultery and dispute over a child

Posted in Abbotsford, British Columbia, Location, Separation by Questions on December 9, 2015

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

1 Expert Comment

  1. On December 10, 2015 at 10:04 am
    Stuart Zukerman said:

    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).

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