Legal Question in Family Law in Canada

Common Law/Assault Dilema

My mother and her boyfriend have been together for over 5 years. He had 2 kids and my mom had me, I moved out at 18 while the other 2 kids remained and my mom took care of them everyday. About 2 months ago my mothers boyfriend beat her up and left permenate marks on her face. She has spoken to a lawyer but without him she isn't very wealthy, he on the other hand is very rich and has the best lawyer. I wonder what can be done so that my mom can afford to live elsewhere and get a settlement or is it true what we have heard about common law relationships? Please email me the answer we are deperate for a little help. thank you


Asked on 8/15/03, 10:17 pm

1 Answer from Attorneys
Donald McLeod Donald R. McLeod Law Corp.

Re: Common Law/Assault Dilema

Assuming that all concerned live in British Columbia, (this answer has no validity if they all do not live in B.C.) then she can:

1. sue the boyfriend for assault and battery (assuming there is sufficient evidence)

2. I have no idea what you heard about common law relationships so I can't answer that part of the question, but in many canses your mother would qualify for spousal support, assuming she has separated from the boyfriend. If she still takes care of the 2 children, she will likely be able to obtain child support.

3. Depending on many different factors, she might be entilted to part of the assets (his and hers)

4. if the boyfriend is not well off (and you say he is) then he might be able to obtain spousal support from your mother, but it sounds like she is much poorer than he is, so this is unlikely.

Thie foregoing is general information and for a definitive answer you MUST consult a lawyer. You CAN'T rely on general comments for answers to such complex situations.

I advise you to have your mother contact a lawyer as soon as possible; many give an initial consultation without charge.

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Answered on 8/17/03, 7:21 pm


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