I have separated from my husband a few months back. I have our children a majority of the time. I want to know my
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Customer: I have separated from my husband a few months back. I have our children a majority of the time. I want to know my options for custody. There are other matters to discuss at hand as well.
JA: Who currently has legal custody?
Customer: Both of us ?? I am not sure. I
JA: Is there a child custody order in place?
Customer: No and we havent done a separation agreement yet either
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Yes. I gave him $1758 to pay our property taxes (for our home in BC) for 2020 and I just found out he did not pay the taxes. Also our verbal agreement was that he would pay $600 forchi
Answered by ARLENEP41 in 1 min 11 months ago
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ARLENEP41
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1002 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

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ARLENEP41, Expert

Hi, my name is Arlene.  Welcome to Just Answer, I’m your expert and I’ll be assisting you today.

Just a general disclaimer that this conversation is for informational purposes and I am not your lawyer. The information discussed is for general use only and a lawyer would be necessary to preserve any of your legal rights. Please note that the system may ask you to participate in a live call.  This is an automatic feature and I typically work only through the chat option.

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ARLENEP41, Expert

Hi, I'm sorry to hear of your difficulty.  May I ask what province you are in?

Customer
Ontario
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ARLENEP41, Expert

Ok thank you, ***** ***** a presumption of joint custody in Ontario but as you have the children residential custody would usually remain with you unless your husband has an objection.

Customer
No he wont have an objection. He works nights and isnt fit to be able to have the children full time. On that note he has substance abuse issues and I want to know if there is anything I can legally do before he has the children on his visitation weekends
Customer
Im looking for clarity on how to start a separation agreement and what I do for custody
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ARLENEP41, Expert

The court makes determinations based on the best interests of the children.  You can stall him until you run to court to get an interim order of custody, call children's services, or just outright refuse to let him see the children without supervision.

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ARLENEP41, Expert

one moment

Customer
I also lent him $1758 to pay our property taxes for our home in BC. I just found out that they were not paid so Im curious as to or if I have a right to get that money back
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ARLENEP41, Expert

You do not need to have a lawyer draft your separation agreement. A separation agreement is considered a legally binding contract if it is signed by both parties, in the presence of a witness, and dated. If you are unclear of all the details that you need for the separation agreement you may want to consult local counsel.

When you are going through the divorce proceedings they will do an evaluation of your finances and you can ask for that money back.

Customer
Ok. How do I consult local counsel. And how do I go to court to get an interim order of custody. Sorry these might be daft questions
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ARLENEP41, Expert

Not daft at all.  I should have asked do you think you would qualify for legal aid?

You can get a free 30m consultation through the law society

https://lso.ca/public-resources/finding-a-lawyer-or-paralegal

Custody (use form 8)

http://ontariocourtforms.on.ca/en/family-law-rules-forms/

Customer
I think so ?? Is legal aid based off of income
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ARLENEP41, Expert

Yes it's based on income

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ARLENEP41, Expert

try legal aid first they can help with the application for custody

https://www.legalaid.on.ca/

Customer
I think I might qualify. Thank you!!
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ARLENEP41, Expert

No problem

Thank you again for trusting Just Answer with your question if you have any additional concerns or need me to clarify anything please let me know.  I’m happy to help.

Customer
most definitely
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ARLENEP41
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