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Separation

Posted in Location, North York, Ontario, Separation by Questions on March 30, 2014

I am separate from my husband since 4 months, but sharing a common house due to my 11 years old son. Now, I want to move to another place but my husband does not allow my son and me to leave and pressurising us to live with him. Is it safe to leave the house without his consent or there will be any legal issue?

1 Expert Comment

  1. On March 31, 2014 at 8:41 am
    Andrew J. Kania, LL.B., LL.M. said:

    Without a signed separation agreement or Court Order both parents have equal legal rights to a child. The technical answer is that you should not leave without his written permission. Of course, if there are threats of violence that comment may change. We need to speak with you to get more facts before commenting further. The good news is that you likely have a strong case, given the age of the child, if we do have to go to Court. Once again, however, we need to speak with you before commenting further.

    (The information provided above is general, not legal advice, as circumstances vary from case to case. Thus, if you wish legal advice that you can rely upon for your specific case, please contact Andrew Kania for a free consultation).

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