1-877-668-9386
Embaucher un avocat
DC Logo F-no-tagline
DC Logo F-no-tagline

Where do I start to end this?

Anonymous Asked:

I live in a common law relationship for 14 years and we have a 4 years old child. We just move to BC 3 months ago for my partner's job because of his promotion. When we lived in Quebec, I had a decent job(53k per year) so we shared all the bills and now because of the language barrier it's difficult for me to find a job. I have to restart all over again and I am on EI for the first time of my life and I still have to share bills. All my personal savings are all gone because of this moving. So I want to end this relationship but before doing it, I want to be prepared. My questions are:
1- I don't want to claim full custody of my child because she adores her father but I want to be the one taking decisions for her, how do I do that?
2 - What primary steps should I take to end a common law relationship? Where to start?
3 - I intend to ask for spousal support at least until I find a decent job. what's the procedure to obtain a spousal and child support? Do I have the right for child support even if I don't have full custody?
4- we live together but when can I leave? Can I leave with my child?

Expert Comment:

Subscribe
Notify of
1 Comment
Oldest
Newest Most Voted
Inline Feedbacks
View all comments
Stuart Zukerman
10 years ago

1- You ought to claim Joint Custody and Joint Guardianship under a “Master Joyce Model of Guardianship” whereby you must consult with each other on all matters relating to the child’s health welfare and education but where in the absence of agreement you (as the primary care giver) would have the final decision making authority.
2 - You can either commence a legal proceeding by way of filing in the Supreme Court a Notice of Family Claim, or you can simply send an email confirming thae date on which the 2 of you separated and requesting that the issues flowing from your separation be resolved by agreement (Property & Debt division, Spousal and Child Support etc).
3 - You would need to commence an Action in the Supreme Court of BC by filing and serving him with a Notice of Family Claim following which you would file a Notice of Application & supporting Affidavit for Interim Spousal Support, or you could file an Application to Obtain an Order (for spousal support) in Provincial Court, or you could start with a demand letter requesting that he agree to pay you interim spousal support in accordance with the Spousal Support Guidelines.
4 - You can leave the home whenever you wish. You can take the child with you but he can likewise refuse to return the child to you following his next visit as there is no existing order or agreement. Ideally you would negotiate a parenting time agreement before you move out so that there is no dispute about when each parent has the child in their care.

Latest Questions Asked:

DC Icon

Separation Agreement in Place but Ex Won't Withdraw Answer: Can Divorce Be Granted?

Hi, I had filed for a divorce in court as my spouse and I were unable to reach an agreement and he was being non-cooperative in terms of trying mediation. He filed an answer to my divorce application. In the last few months, we have been able to reach ...

DC Icon

What Happens if My Spouse is Hiding Assets During the Divorce?

Divorce is a challenging process, and it becomes even more complicated when there are suspicions of hidden assets. In Ontario, as in many jurisdictions, spouses are required to fully disclose their financial situation to ensure a fair division of prope ...

DC Icon

Understanding the Legal Process of One-Sided Divorce in Canada

What Is One-Sided Divorce? One-sided divorce is possible in Canada without the other spouse's consent. This type of divorce can proceed even if the other spouse does not respond or agree to the divorce terms, making it a significant aspect of Canadian ...

DC Icon

What can you buy while you filling for a divorce

What can you invest on or buy while you are going through divorce

DC Icon

Preparing for Court: What to Expect in a Contested Divorce Trial in Ontario

Divorce is a life-altering event that can be emotionally draining and legally complex. When a divorce becomes contested, both spouses cannot agree on some or all of the key issues. This can lead to more significant challenges, as the court has to step ...

DC Icon

Do Divorce Lawyers Work on Weekends? Get Expert Advice When You Need It

If you've been wondering, "Do divorce lawyers work on weekends?" you most likely are experiencing the common truth that navigating the complexities of divorce can be challenging, and finding the right time to discuss your concerns with a divorce lawyer ...

See All Questions
magnifiercrosschevron-down
1
0
Would love your thoughts, please comment.x
()
x