Legal Question in Family Law in Canada

Wife will not sign divorce papers unless I sign all parental rights away

My canadian citizen wife of 3 yrs is threatening that she will not sign divorce papers if I do not sign all my parental rights away. There is no legal reason for me to be deemed an unfit parent, and I wish to seek primary custody of our 2 yr old daughter. What grounds can she legally keep me from my daughter?? She is threatening to make up reasons for me being an unfit parent and threatening to tell the court I commited adultery (also need to know if that is a determining factor in child custody battles)so that I will give in to her wishes. I am marrying another women who I began a relationship with 10 months after my wife left me and took our child to a foreign country. I really need some help on how to get rights to my dual-citizen child.


Asked on 3/07/02, 8:49 pm

1 Answer from Attorneys
Eric Ballinger Ballinger & Associates

Re: Wife will not sign divorce papers unless I sign all parental rights away

Do not be intimidated by this. The courts are used to this acrimonious behaviour and are able to weed through trumped up charges of parental unfitness. Your chances of primary custody are about fair. As a practical matter, you are not the mother, but her taking the child off to a forgien land is rather reprehensible. Adultery is not a factor in child custody, unless the child has been exposed to an immoral enviornment. As for the international effect, therre are certain Hague compacts governing child cusody and visitation. I expect that the decision of the court in Georgia will be applied in Canada. In the end, you will have certain custodiual rights to your child.

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Answered on 3/11/02, 10:24 pm


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