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The threats are becoming really serious.

Posted in Hamilton, Location, Ontario, Separation by Questions on July 12, 2014

I am sponsored by my common law husband and this is my 12th year in Canada, over the past 12 years I have been verbally abused, but was not in a financial position to leave. Recently he has been threatening to kick me out of his home. The threats are becoming really serious.
I have been working for the past 2 years continuously but I don’t earn enough to support myself. He has a good job and earns in the region of $90 000.00 per year. The house is in his name. He tells me I am not entitled to anything and I should just take my clothes and get the hell out.
When I threatened to leave him in the past, he made promises of marriage to me and also promised to get me on the house title,
I feel destitute now as I am 58 years old and find it very difficult to start over again.

1 Expert Comment

  1. On July 14, 2014 at 9:40 am
    A Family Lawyer said:

    You would need to consult a family law lawyer to specifically obtain direct advice and guidance as to what power you have to force your son to move with you. The custody order is subject to change, and is intended to ensure the child’s best interests are met. As you have sole custody, for the most part, the responsibilities to ensure the child’s best interests are your sole responsibility. However, there are also other factors that must be considered. For example, the child’s preferences, neighbourhood, routine, involvement in community and school, and the desirability of maximizing contact with his mother, etc. If you were to change the child’s circumstances from the move and any of these other factors were impacted, then it may be necessary to revisit the custody and access terms in the order. The threshold for such a review would be a material change in circumstances, and the proposed relocation appears to be something that was not foreseeable, and would materially impact the child’s best interests.

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