Separation

Fill out the form below to receive a no-obligation consultation

Name
First Last
Email
Phone
This field is for validation purposes and should be left unchanged.

Anonymous Asked:

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?

Expert Comment:

Subscribe

0 Comments

Inline Feedbacks

View all comments

Andrew J. Kania, LL.B., LL.M.

7 years ago

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).

0

Reply

More Q&A

Main Categories in Q&A

All Divorce Separation Children Property

Latest Questions Asked:

Simple Divorce

We have already settled support and property division so it is just a matter of getting a divorce. He wants to serve me with papers, or have me go to his lawyers since I am not protesting the divorce do I have to do anything and will it cost me money? ...

Is the 6 year rule for settlement of home and assets written in stone or can it be extended?

My husband and I have been separated for 6 years this coming August. Can I ask for an extension to the time limit or can it be extended at all? If my husband who has moved out and is living with someone else and has a home together will not agree on a ...

Mutual divorce

What is the process & conditions of mutual divorce in Toronto & how much time it takes ?

Stock calculation during a divorce

Hi there, I have a question about calculation of stocks during separation. for example prior to marriage I had 100 shares of company X with a value of $1000 ($10 per share). At time of separation I have 200 shares of stock X worth $8000 ($40 per share ...

Can I divorce my spouse who lives in another country

My partner and I are amicable in getting a divorce, nothing to negotiate, she resides in another country and is not planning to return to Ontario. I'm wondering if there is a possibility to file forms online, or must I send the paperwork overseas and h ...

Forcing my spouse back to work when we separate

My wife has been stay at home mom for over 9 years of a 17 year marriage. I've wanted her to go back to work but she has found every reason not to go back. We are nearing separation and my income alone won't support 3 kids and 2 homes. We go into debt ...

See All Questions