Legal Question in Family Law in Canada

Can my ex-bf (not the biological father and never commonlaw) get access and/or c

My ex-boyfriend is taking me to court for custody of MY 10y.o. girl. He is not the biological father, nor has he ever stood in place of one--no child support or financial duties, no getting up in the middle of the night when the child was ill, no homework help, no ''playing taxi'' for her afterschool activities, no attending family functions with us, etc. We have never lived together (he lives 40 min. away). The child has seen him appx. once or twice a month for the first few yrs of the relationship but has not had contact with him for almost a year. We are in the process of a peace bond against him because we feel he is dangerous as evidenced by his actions last summer (he assaulted us by grabbing at the child and yelling at me and threatening my fiance and our car then did $3000 damage to our car). This occurred in public at a summer fair on the fair grounds. He has applied for leave of court for access but has since applied for custody. Why and how can he do this and can anyone point me in the direction of case studies or anything that compares to this? PS: It would not be in the best interest of the child to see this man, aside from the fact that she wants nothing to do with him and is scared of him...


Asked on 3/25/04, 11:08 pm

1 Answer from Attorneys

Donald McLeod Donald R. McLeod Law Corp.

Re: Can my ex-bf (not the biological father and never commonlaw) get access and/

This answer is applicable to British Columbia ONLY. The law in British Columbia differs in significant respects from the law in other provinces, and you have not given enough information to allow a definitive answer. I do not know what you mean by "common-law", as that term is not used in the law of British Columbia. In general, if you lived together for 2 years then your ex-boyfriend is a "parent" and in British Columbia the child is entitled to access with the non-custodial parent, and there is a duty on the custodial parent to encourage and facilitate that access. If the custodial parent frustrates access in certain cases custody may be reversed. If the threat of violence or actual violence was not directed against the child, it may have little effect on the custody/access issues. You have not given enough information on which to give a definitive answer, and much will depend on all of the circumstances surrounding the incident at the park, including your actions, those of the people with you, if this was the first time such behaviour occurred, etc. As to pointing you to "studies", what you need to do is review case law with fact patterns similar to yours, and you can find case law in the law libraries of most B.C. towns; they are located at the courthouses and are open to the public. In B.C. most on-line family case law is not available to the public in order to safeguard the privacy of the children involved, but you are allowd to review the cases law at the law libraries.

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Answered on 3/28/04, 11:15 am


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