Their is no parenting time agreement nothing in writting and i am seeing red flags with my ex husband who is abusive can

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Customer: Their is no parenting time agreement nothing in writting and i am seeing red flags with my ex husband who is abusive can i keep him him home with me and if yes what do i do next to make sure i am following the law
JA: What steps have you taken? Have you filed any papers in family court?
Customer: We started family court but its been months and i have heard nothing and never seen a court room He just started saying it was 5050 and he only takes him everyother weekend
JA: Family law varies by province. What province are you in?
Customer: Ontario
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Answered by JosephE322 in 5 mins 7 months ago
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JosephE322
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JosephE322
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JosephE322
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JosephE322, Expert

Hi and thank you for using JustAnswer. My name is ***** ***** I will be assisting you with your question.

I am licensed Canadian lawyer, and this conversation is for informational purposes only. I kindly ask for your patience as some questions take longer to answer and I may have to do legal research. I may be away from my desk from time to time, but rest assured I will always return back as soon as possible. If at any point during our conversation you don’t understand something, please let me know so I can clarify.

Customer
Thank you
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JosephE322, Expert

Good morning – sorry to hear about the situation. Generally speaking, both parents are entitled to equal custody absent a parenting agreement or court order. If you have reason to believe your ex is abusing your child, then you should not permit contact unless the court orders it. At court, the court’s only concern is the “best interests of the child” – nothing more.

Does that help answer your question today or did you have any follow up questions?

Customer
he has assault charges that he pled guilty to two weeks ago but this whole time with the domestic salt charges he has been making false police reports sending them to my house saying the kids are being held hostage also try calling the cops saying I kidnapped my children he is now claiming that I abused my kids he made my son sit in front of a video camera and forced him to say these things only reason why I know this is cuz my son came home and told me crying because he felt so bad for lying also he is trying to say because I don't send my kids to school that it's neglect but I do at home schooling like many parents these days because of the pandemic and I am on stress leave from work because I have a lot of health problems that are caused from all this stress not to mention nerve damage from the head injury he gave me in front of my kids
Customer
he is trying to look picture perfect and trying to make me look like the worst person in the world to make it justifiable for himself when he decides to not give my child back to me I see all the red flags I just need to know how can I stop it from happening I don't want to hand my kid to him and then him say that he's not bringing back because of all the lies and stories he has created
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JosephE322, Expert

Sorry to hear. I think it would be a good idea for you to ask the court for a formal custody order given his behaviour.

Here is a link for the Ontario lawyer referral service to help you find a lawyer: https://lsrs.lso.ca/lsrs/welcome If you don’t make enough money, you could qualify for a legal aid lawyer. Here is the number for legal aid Ontario: 1-***-***-****

Customer
I already have a legal aid certificate because we did start a custody court whatever you want to call it but I never seen a courtroom I never talked to a lawyer I never signed any papers I never filed any papers I was served with papers that was it that's the only thing that went on no mediation nothing but he's saying that we have 50/50 custody and he doesn't have to pay child support but it's not 50/50 custody because he only takes him twice a month
Customer
well I'm waiting for these papers or the process to get going can I legally keep my son home with me I will offer FaceTime so he can see his son
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JosephE322, Expert

If you never signed any parenting agreement and there is no court order, then the general rule is that each parent is entitled to equal custody. I suggest you instruct your lawyer to petition the court for a formal custody order.

Customer
I never got one I've had no luck finding one that was available except legal aid
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JosephE322, Expert

Sorry to hear. I suggest you do everything possible to find one.  Here is a self help guide if you want to go at it alone: https://www.attorneygeneral.jus.gov.on.ca/english/family/guides/Parenting_Affidavit_Self-Help_Guide-EN.html

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JosephE322, Expert

Did you have any additional questions about this issue?

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JosephE322, Expert

Thank you for using JustAnswer. I wish you the best of luck. If you have any follow up questions about this matter, please do not hesitate to reach out to me.

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