Legal Question in Family Law in Canada

would this help in court

i want a divorce, but i want custody. my wife left me before and she left our child with me, and she has by-polar and i am not comfortable with her and my child alone. would these two things benefit me in court. Also i am buying a home and i have a live in baby sitter, she would have to move in with her parents. please tell me if i have a chance on our son living with me.


Asked on 4/09/03, 11:00 am

1 Answer from Attorneys

Donald McLeod Donald R. McLeod Law Corp.

Re: would this help in court

As noted on the inquiry page, THIS REPLY IS APPLICABLE ONLY TO BRITISH COLUMBIA. As you did not give your address we assume you read the inquiry page and that you live in B.C. In B.C. we would advise that you have your wife examined by a competent professional to determine her parenting capability in light of her bi-polar disorder. The court would order the report to be prepared; thus there must be a court proceeding already started in order to obtain the order for the examination of your wife and have the report prepared(the cost is at your expense as the medical services plan of B.C. does not cover this sort of expense).The resultant report would then be used to assist the court in determining what is in the best interests of the child. Assuming that your wife is not as capable of parenting as you are and that her disorder would affect the child negatively, then you may well have a good chance of gaining custody, but many more details would have to be provided. Your case is likely best pursued in the Supreme Court of British Columbia, not the Provincial Court of B.C.

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Answered on 4/09/03, 11:50 am


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