My husband who has been the sole provider for our family for the past 10 years (on his request and agreement) and who

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Customer: My husband who has been the sole provider for our family for the past 10 years (on his request and agreement) and who lived in Thailand for the past 3 months and committed several acts of adultery, is now considering relocating himself to Thailand or another low economy Asian country and fleeing his responsibilities. I have proposed to work together on the reconciliation but he keeps his romantic interactions with four girlfriends and treats me poorly. What do I need to do to best protect the kids and myself for this event?
Answered by Legal Ease in 23 mins 3 years ago
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Jessica

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Customer
I have proofs of his adulterous relationships - if it matters;
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Legal Ease, Expert

Greetings,

I'm sorry to hear this situation has developed the way it has presently. Essentially you are deadlocked, ie - if you want to protect yourself and the kids, you would need to file for divorce and sole custody of the children. However, if you do that - then any chance at reconciliation would not be possible. Have you considered looking into using a mediator to try and resolve your differences and repair the marriage? If won't make any efforts to reconcile, then you have no choice but to file for divorce/custody to protect yourself and the children.

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Legal Ease, Expert

I am sorry to hear this.

This question just appeared on the Canada law list ow. Are you looking for Canadian legal information?

Customer
please.
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Legal Ease, Expert

Are there assets in Canada?

Customer
Hi
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Legal Ease, Expert

What you can do is apply to the court for a division or assets, spousal support, child support and sole custody.

But at the same time you can show that the father has taken off and intends on being a dead beat dad who is beyond the grasp of the court or government.

You will undoubtedly get an order for custody and support. The support order may have little value though and for that reason it may be possible that the court will agree to grant you a more significant amount of assets than just 50% so that you can essentially have more for the kids.

Does that make sense?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Legal Ease, Expert

Is there anything more I can help you with at this point in time?

Customer
Thank you so much for your response; it’s the most helpful response I have received so far.
I have recently read online that following a more recent law (2018), for cases when a parent flees responsibilities by leaving Canada, the court may order the suspension of the passport.
Can you please provide more details if you happen to know of this and/or how this works?
Thank you so much, again.
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Legal Ease, Expert

The court doesn't have to order it. Maintenance enforcement will do it and will do it even if the payor who is in default is in Canada and would suspend his passport too.

I am going to bed but will check back in the morning. If you feel we are done please be sure to rate me before your leave the site.

Thanks and take good care.

Customer
Thank you so much! It’s great to know; it feels just that the system dies not support that kind of escape from agreed responsibility.
So for a case scenario in which my husband simply decides to hop on a plane and leave ( as he threatens to do ), and consequently suddenly leave all financial responsibility of kids and mortgage on unemployed me, what would I need to do - from a legal perspective? Please, kindly advise. Thanks again.
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Legal Ease, Expert

You get a court order and then register it with maintenance enforcement.

Customer
Thank you, kindly.
Again, from a legal perspective, is it less burdening to me to file for separation before or after he leaves? Does timing make any difference?
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Legal Ease, Expert

You should retain a lawyer at once. The earlier the better for sure.

Customer
If I were to do that, what average costs (in CAD) should I expect would be my responsibility for the situation I have described above?
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Legal Ease, Expert

I cannot know. This may be settled simply or it can take a trial. It's not possible to know.

Customer
Can you please estimate for the case scenario when this matter would get “settled simply” - meaning, my husband would be forced to realize he has no way to free himself from current responsibilities as easily as he imagines it is.
Customer
hop on a plane and make a new life in Thailand )
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Legal Ease, Expert

You will serve him with draft separation agreement. If he doesn't sign you will serve him with a claim.

If he ignores the claim you will get a judgment for what you are asking for. If he defends it can go on for months or even years with your lawyer getting an order for interim support for example.

Customer
Thank you so much!
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Legal Ease, Expert

Anytime.

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