Legal Question in Family Law in Canada

Nasty divorce

My boyfriend is dealing with a nasty divorce, and his three sons (15, 13, 10) are of course caught in the middle of it.

We both believe that while she is not overty abusive or legally negletfull, she is just a plain old ''bad'' mother. Papers are signed such that there is joint custody, but with the oldest and youngest living with their mother, and middle son living with us. We are desperate to get the youngest son living with us because of the unhealthy environment at his mother's house, but cannot have it court ordered because there is no proof of legally defined abuse. Where do we turn to find more information for this? Would a childrens advocate do anything for him? Can WE hire him a lawyer and have it be any more effective than my boyfriends' has been? Children's Aid has been involved because of accusations made by his ex-wife at the time of their legal separation, and they come accross as hostile to our household when we asked that the situation be looked into in greater detail at the children's mothers' home. How can I/we work with them better to get them actually working in the best interest of the children?


Asked on 12/31/07, 4:32 pm

3 Answers from Attorneys

Re: Nasty divorce

Your boyfriend can always bring an application to vary a custody order. The problem is that many separation/divorces are inherently "bad" and there will be endless accusations and hard feelings between the parties. Just feeling that the mother is a "bad" mother is really not going to solve the problem - there would have to be serious reasons why the court would interfere or alter an existing custody arrangement.

Because this is such a complex family matter involving children, your boyfriend would have to go back and consult a local lawyer for advice on what steps to take for his situation.

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Answered on 1/02/08, 11:30 am

Re: Nasty divorce

Your boyfriend can always bring an application to vary a custody order. The problem is that many separation/divorces are inherently "bad" and there will be endless accusations and hard feelings between the parties. Just feeling that the mother is a "bad" mother is really not going to solve the problem - there would have to be serious reasons why the court would interfere or alter an existing custody arrangement.

Because this is such a complex family matter involving children, your boyfriend would have to go back and consult a local lawyer for advice on what steps to take for his situation.

www.anylegalquestion.com

Read more
Answered on 1/02/08, 11:31 am

Re: Nasty divorce

Your boyfriend can always bring an application to vary a custody order. The problem is that many separation/divorces are inherently "bad" and there will be endless accusations and hard feelings between the parties. Just feeling that the mother is a "bad" mother is really not going to solve the problem - there would have to be serious reasons why the court would interfere or alter an existing custody arrangement.

Because this is such a complex family matter involving children, your boyfriend would have to go back and consult a local lawyer for advice on what steps to take for his situation.

www.anylegalquestion.com

Read more
Answered on 1/02/08, 11:31 am


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