My daughter and her husband just moved to Vancouver from america. we now find out that he is abusing her. last night he

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Customer: my daughter and her husband just moved to Vancouver from america. we now find out that he is abusing her. last night he came home high on cocaine. we know this because he dropped a empty bag on the floor
JA: What steps have your daughter and her husband taken? Have they filed any papers in American family court?
Customer: No, she wanted to come home so we could help
JA: Have they talked to a lawyer about this yet?
Customer: we have a name of one and have left a message, but they haven't got back to us
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Answered by Legal Ease in 5 hours 2 years ago
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Legal Ease, Expert

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.


Legal Ease, Expert

I am sorry to hear of this difficult situation.

What is your specific legal question please?

My daughter is sponsoring her husband so he can immigrate to Canada. She moved here so that we could be of support to her and so that the baby's 'habitual residence' is here in Canada, as she wants to divorce him. We don't want the husband to be able to take the baby back. She didn't want to divorce him in the states as then she would have had to stay there.We have spoken to one lawyer, but she doesn't take these kinds of cases. She said we should have a restraining or restrictive order put on him (not sure of the legal terms), but then what happens to his immigration as they have to be living together for her to sponsor him. If we don't file the PR application and he has to go back to the states, we don't know what happens with custody. We also don't know what kind of case the husband can make for forcing them to all move back. The lawyer said that my daughter has to make sure that the baby is not around when he is verbally abusing her as child services would not approve, and what would they say about the drugs as well. Our daughter wants to make sure she is seen as the more fit parent.
Sorry that I am rambling, but there are so many moving parts and we don't know what to do.

Legal Ease, Expert

You actually aren't rambling in the least.

It is a very difficult situation without a doubt. Your daughter should start to make a list of all of the evidence she has to prove that this man is an abusive addict.

The best thing that you can do for your daughter is to help her find a competent family lawyer at once. That Lawyer will help her put her self in the very best position for obtaining sole custody.

The longer she lives in Canada the stronger her case will be and yes, without a doubt, she wants her new home to be the habitual place of residence for the child so she cannot move that quickly but she certainly does not want to continue to sponsor this man.

What you can do to find a lawyer is one of the following things.

You can contact the BC Branch of the Canadian Bar Association and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be $25.

The number is:

***-***-**** or 1.***-***-****.

Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.

Here's the link to their website:

Does that help as a starting point?

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.


Legal Ease, Expert

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

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