This is the second installment of a two-part series
There are many ways a family can organize access even when one parent lives some distance away from the kids. Factors that need to be considered include:
Distance
The children’s ages
Finances
Extent of contact before the move
History of violence and ongoing safety issues
Generally,
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This is the first installment of a two-part series
We are living in an increasingly globalized world, so it is not surprising that families move – often long distances – more than they used to. While this can pose challenges when the parents live together – finding new schools for the children,
Canada’s landscape has been strewn with domestic violence homicides this past year. And, it must be remembered, the number of women killed is only the tip of the iceberg of the number of women subjected to abuse in their relationships.
Many of those women, whether still in an abusive relationship, on their way out of it or already establishing themselves separate from their abuser,
More than 80,000 people are unrepresented in family court proceedings in Ontario every year. You see many women who don’t have lawyers and, often, their former partner is also unrepresented. As we have discussed in the past, while the lack of legal representation is a challenge for any family court litigant,
It is not uncommon for a woman to experience difficulties with her family law lawyer.
The lawyer may not understand the unique dynamics in a case involving family violence. They may be good at the legal aspects of their work but not so good at communicating. They may not explain their fee arrangement well.
Track the abuse throughout your relationship by thinking about what went on at key points. Write this down; point form is fine.
Take some time to organize this information before any meeting where you may have to talk about it; for instance, before you meet with duty counsel or a mediator or before your first appointment with your lawyer.
As of April 1st, 2019, the Ministry of the Attorney General (MAG) has implemented increases to some of the fees payable in a family court case. Most, but not all, of these fees are related to divorce applications.
MAG has also increased the financial eligibility ceiling for someone wishing to seek a waiver of family court fees.
The family court process can be long and difficult. By the time it is over, many women are often exhausted and sick and tired of dealing with their former partner. Many also assume the battle is over; that the court order will keep them and their kids safe and that their ex will move on from harassing and threatening them.
Many thanks to Miranda Brijlall, articling student at Luke’s Place, who prepared this response with assistance from Legal Director, Pamela Cross.
In circumstances of family violence, children as well as their mothers need to take care of themselves by developing a safety plan containing steps to increase and maintain their own safety,
Starting a relationship with someone new can be exciting but also worrisome after a past abusive relationship. This is especially true if your abusive ex-partner is still involved in your life on some level. An update to your safety plan may be needed.
Also, give some thought to the type of relationship you are looking for,
