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How can I leave without his family intervening?

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Anonymous Asked:

I have been attempting to bring up the courage to leave my husband since July 2014 when we were traveling abroad and caused a domestic in a 3rd world country. Flash forward to returning to Toronto and I'm pregnant. We try to discuss the issues he makes promises. November promises are broken and at 4 months he is driving at high speeds slamming on brakes through downtown scaring me and screaming at me- I can't get out of the car. I am threatened that I can't leave as his family will take the unborn child? I stay we are now a month into having the baby. He is unable to refrain from screaming in front of the child. Theirs no communication. I need to leave for the child's sake and my own. How can I leave without his family intervening and taking my child! How can I leave without his family intervening

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Jennifer M. Long, B.A. J.D.
5 years ago

If you fear for your safety or the safety of your child, you should report any incidences of abuse to the Police. You can also start a family court proceeding seeking custody, a restraining order and/or exclusive possession of the matrimonial home, which means that your husband would be ordered to leave the home.

With respect to custody, the primary concern of the courts is the best interests of the child. Much weight is given to the status quo and courts will consider factors such as the age of the child, the current living arrangements and routine, and who has been the child's primary caregiver. The relationship between the parties and their ability to communicate with one another are also important considerations.

The issues that you raise are complex. I strongly advise that you speak to a lawyer about your situation in greater detail to determine the best course of action for you to take.

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