Question: What are the consequences for a woman who leaves her abusive partner and takes the children?

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "Question: What are the consequences for a woman who leaves her abusive partner and takes the children?"

Transcription

1 Question: What are the consequences for a woman who leaves her abusive partner and takes the children? Legal Disclaimer: The information contained in this package is current as of January It is NOT a replacement for legal advice or representation. If you are involved with a family law matter, you should seek legal advice from a family law lawyer. Every case is unique; and legal advice can only be given by a lawyer who has all of the facts and circumstances related to your situation. This document is the property of Luke s Place. You are welcome to reproduce this material for use with your clients in your role as a Family Court Support Worker, but any other use of it, in whole or in part, is strictly prohibited without prior express permission from Luke s Place. Answer: I am going to answer this and the following related questions together: What are the legal implications if she goes to a shelter with the children? What can she do to protect the children before there is a custody and access order in place? What are the consequences if she leaves her children with her former partner? Leaving with the children Many women are unsure about whether or not they can take their children with them when they leave their abusive partner. In Canada, both parents have an equal legal right to the custody of their children until there is a court order or agreement to the contrary. In other words, neither parent regardless of who has been the primary parent has a legal right to custody over the other parent. However, this does not mean a woman must leave her children behind if she is leaving her partner. If the woman is working towards a planned departure, she should have discussions with a lawyer before she goes. The lawyer may be able to have custody and access court documents ready to serve on her partner as soon as she and the children leave. If not, the lawyer can have an initial letter to the partner ready and have it delivered to him as soon as she and the children leave. This letter can outline the situation and invite the partner to contact the lawyer (either directly or through his own lawyer) to begin discussions about custody and access.

2 Alternatively, when the woman and children leave, she can leave her partner a note (taking a copy of it with her) telling him what she is doing and letting him know she will be in touch within a day or two. This note can assure him that she is not abducting the children and that she is prepared to make arrangements for him to see them, once this can be done in a way that is safe for her and the children. She may want to take a copy of this letter to the police station, in case her partner goes to the police to report her missing or to claim she has abducted the children. If the woman leaves without a plan for example, because of a violent episode she needs to get herself and the children to a safe place as quickly as possible. She can then contact her partner in a way and at a time that seems safe, to assure him that the children are fine and with her and that she will be in touch soon to discuss access arrangements. As soon as she feels settled, she can meet with a lawyer to begin the process of working out custody and access. The woman will minimize any legal consequences of having taken the children with her if she stays in the area and has some kind of contact with her partner as soon as possible after she leaves. No matter what she does, he may try to convince the police that she has abducted the children, but without a custody order in place, there is little the police can do. He may bring an ex parte motion for the return of the children. If he is successful with this, she must return the children to him. However, this will be an order with a very short timeframe, so it is extremely important that she immediately begins to prepare for the date the motion comes back to court. This will be her opportunity to explain to the court why she left, why she took the children and what custody and access arrangements she believes would be in the best interests of the children. (Review the training resources materials related to the best interests of the child test and providing evidence of abuse for more details about this.) Regardless of the actions of the woman s partner, she should get legal advice as soon as possible after leaving. Her lawyer can suggest the best course of action based on the facts of her situation. It will be important for her to have detailed information about the history of abuse, its impact on the children, the parenting history and her plans for parenting the children in the future as all of this will be relevant to the best interests of the child test. Taking children to a shelter Unfortunately, there are some family court judges who believe it is not in the best interests of children to live in a shelter. If this is a concern, the woman s affidavit should explain in some

3 detail why she is at the shelter, emphasizing the safety concerns and what protections the shelter offers as well as the other kinds of support and resources provided by the shelter. She should also outline her long term plans with respect to housing so the judge understands that her stay in the shelter is temporary. If there are long waiting lists for affordable housing, she should include this information in her court documents. Keeping children safe before there is an order The issue of whether or not to permit access during the time immediately following separation before there is an order in place is one that is very dependent on the circumstances of each family. If the woman feels the children will be safe with their father and that he won t attempt to keep them, then setting up some access is a good thing to do. It will be helpful to the children, who likely want to see their father. It will show the court later that she has not done anything to interfere with the children s relationship with their father. It may reduce the likelihood of her partner bringing an emergency motion or showing up unexpectedly to take the children from school or day care. If she has some concerns, she may want to suggest access that is supervised by a friend or family member who will ensure that the children are properly cared for and are returned to her at the agreed-upon time. If she has significant concerns, she may want to limit access to the telephone. She may even decide that, until there is some kind of order in place, she is going to keep the children out of school or day care because, without a custody order, schools and day care centres cannot stop the father from picking the children up and the police have no authority to take them from the father to return them to the mother. If the woman is permitting physical access, she should try to get some kind of written confirmation from her former partner about the terms of that access (even an exchange in which they each commit to the dates, times and exchange arrangements). She should plan to document carefully how each exchange and visit goes and any comments she hears from the children (or access supervisor) about their time with their father. She should also ensure that the access and exchange arrangements keep her safe. This may mean having a third party transfer the children back and forth or having the exchanges take place in a public location.

4 Leaving without the children There are some circumstances when a woman might leave her children with her abuser. For example, he may have physical control over the children and she may be unable to get them away from him safely. In other situations, the children may be old enough that they refuse to go with her or she may feel they are better off staying in the family home for a short time until she can get herself set up in new accommodation. Shelters, while wonderful refuges and supports for women and young children, are not great places for teenaged children, especially boys. If the woman does not have concerns for the safety of the children with their father, she may decide it is better for them to remain in the family home, surrounded by their possessions, with their daily life disrupted as little as possible. If she has left without the children because it was not safe for her to take them but she wants to have them with her, she should bring an emergency motion as soon as possible to have the children returned to her. She will need to provide detailed evidence about why she left without them, emphasizing the safety issues, as well as information about why it is in the children s best interests to be with her. Here, she can provide evidence to show that she has been the primary parent in the past and to demonstrate her future parenting plans, including any access arrangements she is prepared to make. If she can persuade the court that she has been the primary parent in the past, that she has a good plan for future parenting and that the circumstances that led her to leave without them were very serious, she has a good chance of having the children returned to her, at least while the custody case moves forward. The more quickly she brings this emergency motion, the better her chances of success. If the woman has left the children behind because she believes that is better for them or because they have refused to go with her, she needs to maintain frequent, regular contact with them if that is possible and safe. If they are school-aged children, she can arrange to meet them for lunch or after school for visits. If they are old enough, she can get them cell phones so they can communicate that way. They may be old enough for online communication. During this informal time with the children, she should resist trying to persuade them to live with her; rather focusing her time on their interests and activities and letting them know how much she loves them and enjoys spending time with them. She can let them know what her plans are, especially with respect to housing and, if they ask about coming to live with her, she can respond to those questions openly.

5 If the children are younger, she may need to approach her former partner either directly or through a third party, to see if he will agree to some informal access while they work out a long-term custody and access arrangement. She should begin a custody proceeding as soon as she can, at which time she can explain to the court why she believed the decisions she made were in the best interests of the children, as well as provide evidence of any abuse, the parenting history and her plans for the future. Women who do not want to parent It is always important to remember, when supporting mothers who have left abusive partners, that some not want to continue to parent. The woman may need a break to recover from the abuse, may not be prepared to parent with an abusive ex-partner, may need some time to rebuild her confidence as a parent or may simply wish to move on in her life without her children. In other words, the assumption should never be made that a woman who has left her children behind wants to have those children with her. In your initial conversations with a woman in this situation, keep the questions open-ended rather than imply or assume that the first thing she wants to do is to go to court for custody. Legal Disclaimer: The information contained in this package is current as of January It is NOT a replacement for legal advice or representation. If you are involved with a family law matter, you should seek legal advice from a family law lawyer. Every case is unique; and legal advice can only be given by a lawyer who has all of the facts and circumstances related to your situation. This document is the property of Luke s Place. You are welcome to reproduce this material for use with your clients in your role as a Family Court Support Worker, but any other use of it, in whole or in part, is strictly prohibited without prior express permission from Luke s Place.

LUKE S PLACE SUPPORT AND RESOURCE CENTRE FOR WOMEN AND CHILDREN PRESENTING EVIDENCE ABOUT ABUSE IN THE FAMILY COURT PROCESS. A Tip Sheet for Women

LUKE S PLACE SUPPORT AND RESOURCE CENTRE FOR WOMEN AND CHILDREN PRESENTING EVIDENCE ABOUT ABUSE IN THE FAMILY COURT PROCESS. A Tip Sheet for Women LUKE S PLACE SUPPORT AND RESOURCE CENTRE FOR WOMEN AND CHILDREN PRESENTING EVIDENCE ABOUT ABUSE IN THE FAMILY COURT PROCESS A Tip Sheet for Women Introduction: As you begin and move through any legal process

More information

CB7. Guide for separated parents: children and the family courts. Help with deciding what should happen with your children

CB7. Guide for separated parents: children and the family courts. Help with deciding what should happen with your children CB7 Guide for separated parents: children and the family courts Deciding what should happen to your children when you and your partner have split up can be difficult. You might not be able to agree who

More information

Child Abuse, Child Neglect. What Parents Should Know If They Are Investigated

Child Abuse, Child Neglect. What Parents Should Know If They Are Investigated Child Abuse, Child Neglect What Parents Should Know If They Are Investigated Written by South Carolina Appleseed Legal Justice Center with editing and assistance from the Children s Law Center and the

More information

A Guide to Single Mothers Rights. Prepared by Pro Bono Students Canada at the University of Western Ontario Faculty of Law Prepared for S.W.I.M.

A Guide to Single Mothers Rights. Prepared by Pro Bono Students Canada at the University of Western Ontario Faculty of Law Prepared for S.W.I.M. A Guide to Single Mothers Rights Prepared by Pro Bono Students Canada at the University of Western Ontario Faculty of Law Prepared for S.W.I.M. Single Mothers Rights Topics that will be addressed: Mothers

More information

CHILD WELFARE SERVICES. Questions & Answers. for Parents. OKLAHOMA DEPARTMENT OF HUMAN SERVICES Child Welfare Services

CHILD WELFARE SERVICES. Questions & Answers. for Parents. OKLAHOMA DEPARTMENT OF HUMAN SERVICES Child Welfare Services CHILD WELFARE SERVICES Questions & Answers for Parents OKLAHOMA DEPARTMENT OF HUMAN SERVICES Child Welfare Services What are child welfare services? The Oklahoma Department of Human Services (DHS) is

More information

What is parenting time and how is it decided?

What is parenting time and how is it decided? Generally, if either parent asks for joint legal custody, then the court will often give joint legal custody to both parents. This is because Minnesota law presumes that joint legal custody is the best

More information

Non-custodial parent This is the parent who does not have primary physical custody of the child.

Non-custodial parent This is the parent who does not have primary physical custody of the child. A GUIDE TO LEGAL ISSUES FOR N ON-CUSTODIAL PARENTS THIS BOOKLET EXPLAINS LEGAL TERMS AND SOM E GENERAL LAWS. IT IS NOT A SUBSTITUTE FOR HIRING A LAWYER. IN ORDER TO FULLY UNDERSTAND AND PROTECT YOUR LEGAL

More information

What do I Need to Know?

What do I Need to Know? Community Legal Information Association of PEI What do I Need to Know? A Guide to Child Protection for Youth Number to call evenings, weekends and holidays if you are being abused: 368-6868 or 1-800-341-6868

More information

Quick Reference Guide: Handling Custody Issues in the School

Quick Reference Guide: Handling Custody Issues in the School Dallas Independent School District Quick Reference Guide: Handling Custody Issues in the School Office of Legal Services Administration Building, Box 69 972-925-3250 (main) 972-925-3251 (fax) Updated August

More information

A Woman s Guide to Custody, Access and Support of Dependent Children. Social Action and Advocacy Committee of Waterloo Region

A Woman s Guide to Custody, Access and Support of Dependent Children. Social Action and Advocacy Committee of Waterloo Region SIDEBAR TEXT A Woman s Guide to Custody, Access and Support of Dependent Children Social Action and Advocacy Committee of Waterloo Region Table of Contents Introduction..............................1

More information

Know the Law About Who May Pick Up a Child from Child Care

Know the Law About Who May Pick Up a Child from Child Care Know the Law About Who May Pick Up a Child from Child Care In California, part of a child care provider s legal responsibility for the children in her care is an obligation to let the child leave only

More information

YOUTH LEGAL CENTRE. Bail. 1 What is bail? 2 Does bail apply in all criminal cases?

YOUTH LEGAL CENTRE. Bail. 1 What is bail? 2 Does bail apply in all criminal cases? YOUTH LEGAL CENTRE Bail 1 What is bail? Bail is an agreement entered into by a person accused of a criminal offence ( the accused or the defendant ). By signing a bail acknowledgement, the accused person

More information

Abuse is wrong in any family - know the law

Abuse is wrong in any family - know the law Abuse is wrong in any family - know the law What women who are newcomers and immigrants need to know about Nova Scotia domestic violence laws and resources www.legalinfo.org This pamphlet provides women

More information

Telling Family and Friends That You Have Been Laid Off

Telling Family and Friends That You Have Been Laid Off Telling Family and Friends That You Have Been Laid Off Overview Ways to talk about your job loss with family and friends. Telling your spouse or partner Telling your children and helping them adjust to

More information

Q: What can I do if my girlfriend gets pregnant and I am not sure I am the father of the baby?

Q: What can I do if my girlfriend gets pregnant and I am not sure I am the father of the baby? TEEN PARENTS: Teenage Fathers Q: What can I do if my girlfriend gets pregnant and I am not sure I am the father of the baby? A: You can have a blood test done to find out whether you are the father. If

More information

WHAT TO EXPECT FROM YOUR LAWYER AND THE COURT

WHAT TO EXPECT FROM YOUR LAWYER AND THE COURT A GUIDE FOR PARENTS IN CHINS* CASES: WHAT TO EXPECT FROM YOUR LAWYER AND THE COURT Being involved in a child abuse and neglect case can be very confusing and stressful for a family. Not knowing what to

More information

STUDENT LEGAL SERVICES. CUSTODY & ACCESS Children of Married Parents Seeing a Divorce A GUIDE TO THE LAW IN ALBERTA REGARDING OF EDMONTON

STUDENT LEGAL SERVICES. CUSTODY & ACCESS Children of Married Parents Seeing a Divorce A GUIDE TO THE LAW IN ALBERTA REGARDING OF EDMONTON COPYRIGHT AND DISCLAIMER A GUIDE TO THE LAW IN ALBERTA REGARDING CUSTODY & ACCESS Children of Married Parents Seeing a Divorce version: 2010 STUDENT LEGAL SERVICES OF EDMONTON GENERAL All information is

More information

All Women. One Family Law.

All Women. One Family Law. 5 Child Custody and Access ENG 005 FAMILY LAW FOR WOMEN IN ONTARIO All Women. One Family Law. Know your Rights. Child Custody and Access This booklet is meant to give you a basic understanding of legal

More information

Ten Tips for Parents. To Help Their Children Avoid Teen Pregnancy

Ten Tips for Parents. To Help Their Children Avoid Teen Pregnancy Ten Tips for Parents To Help Their Children Avoid Teen Pregnancy Ten Tips for Parents To Help Their Children Avoid Teen Pregnancy The National Campaign to Prevent Teen Pregnancy has reviewed research

More information

This information kit has been created by FIN Qld (Townsville).

This information kit has been created by FIN Qld (Townsville). 1 This information kit has been created by FIN Qld (Townsville). PLEASE BE ADVISED: This guide is intended to provide you with information only. Should you encounter legal problems, it is strongly advised

More information

Procedures in. Family Court

Procedures in. Family Court Inside this Guide 1 Information before You Start 2 Starting a Family Case Application (General) Simple Application Divorce only Joint Application 3 Answers A Guide to Procedures in Family Court 4 Financial

More information

A Parent s Guide to Juvenile Dependency Court

A Parent s Guide to Juvenile Dependency Court A Parent s Guide to Juvenile Dependency Court You may want to write some names and phone numbers here. Protective Investigator: Phone Number: Case worker: Phone Number: Lawyer: Phone Number: Dates to Appear

More information

If you are currently involved in a marital dispute, you may be going through a very painful experience.

If you are currently involved in a marital dispute, you may be going through a very painful experience. What to do in a marital dispute? Marriage counselling Separation and divorce Family mediation Negotiation Collaborative Family Law Litigation What to do in a marital dispute? If you are currently involved

More information

OXFORDSHIRE LETTERBOX SERVICE. Guidelines for Using the Oxfordshire Letterbox Service

OXFORDSHIRE LETTERBOX SERVICE. Guidelines for Using the Oxfordshire Letterbox Service OXFORDSHIRE LETTERBOX SERVICE Guidelines for Using the Oxfordshire Letterbox Service 1 Why Have a Letterbox Service? Letterbox is a service for adoptive parents and birth relatives to exchange written

More information

Child Custody Over Seas

Child Custody Over Seas 7 th JMTC Legal Assistance Information Child Custody Over Seas Please note that this Information Paper only provides basic information and is not intended to serve as a substitute for personal consultations

More information

Know Your Rights NEW YORK STATE: WELFARE TO-WORK

Know Your Rights NEW YORK STATE: WELFARE TO-WORK Know Your Rights NEW YORK STATE: WELFARE TO-WORK 395 Hudson Street New York, NY 10014-3684 t: 212.925.6635 f: 212.226.1066 www.legalmomentum.org Under federal welfare law, New York State receives a block

More information

Non-Custodial Parent Rights in South Carolina July 2010

Non-Custodial Parent Rights in South Carolina July 2010 Non-Custodial Parent Rights in South Carolina July 2010 The legal information in this publication is designed to help you learn about the laws that apply when you have a child and you are not married to

More information

Are you experiencing abuse? Do you know how to protect yourself?

Are you experiencing abuse? Do you know how to protect yourself? Are you experiencing abuse? Do you know how to protect yourself? Help, Hope & Healing Are you experiencing abuse? Do you know how to protect yourself? Are you experiencing abuse by your partner, but aren

More information

An electronic version of this document is available at: www.extension.umn.edu/parentsforever

An electronic version of this document is available at: www.extension.umn.edu/parentsforever 1 W1 We Agree: Creating a Parenting Plan Parenting Agreement Worksheet Minnesota Version This worksheet will help parents put together a parenting plan that meets the needs of their children as they parent

More information

Community Legal Information Association of Prince Edward Island, Inc. Custody and Access

Community Legal Information Association of Prince Edward Island, Inc. Custody and Access Community Legal Information Association of Prince Edward Island, Inc. Custody and Access Separating parents must make arrangements for child custody, access and visitation. This pamphlet explains some

More information

PARENTAL RIGHTS AND RESPONSIBILITIES

PARENTAL RIGHTS AND RESPONSIBILITIES PARENTAL RIGHTS AND RESPONSIBILITIES The relationship between children and their parents in a divorce, once called custody, is now called Parental Rights and Responsibilities. The wording of the law has

More information

If you are not sure about any of these rights, tell the police custody officer

If you are not sure about any of these rights, tell the police custody officer Remember your rights whilst detained The rights in this Notice are guaranteed to you under the law in England and Wales and comply with EU Directive 2012/13 on the right to information in criminal proceedings.

More information

Thinking about using a hidden camera or other equipment to monitor someone s care?

Thinking about using a hidden camera or other equipment to monitor someone s care? Thinking about using a hidden camera or other equipment to monitor someone s care? FEBRUARY 2015 We are the Care Quality Commission. Our job is to inspect health and social care services such as your local

More information

MOTHERS WITHOUT STATUS

MOTHERS WITHOUT STATUS MOTHERS WITHOUT STATUS Practical information for service providers working with women who have no legal status MOTHERS WITHOUT STATUS: Practical information for service providers working with women who

More information

Guidelines for Guardians ad Litem for Children in Family Court

Guidelines for Guardians ad Litem for Children in Family Court Guidelines for Guardians ad Litem for Children in Family Court Preamble The following are guidelines for attorneys and non-lawyer volunteers appointed as guardians ad litem for children in most family

More information

Victims of Crime. information leaflet. Working together for a safer Scotland

Victims of Crime. information leaflet. Working together for a safer Scotland Working together for a safer Scotland If you have been a victim of crime this leaflet is to help let you know about how to find support and help and to tell you about the criminal justice system. Support

More information

THE BASICS Becoming a Legal Guardian in New York State

THE BASICS Becoming a Legal Guardian in New York State THE BASICS Becoming a Legal Guardian in New York State WHAT IS A LEGAL GUARDIAN? A legal guardian is a person who has legal power to take care of a child. A Judge decides who that person is. A Judge decides

More information

9. Protection from Abuse Orders What is a Protection from Abuse Order?

9. Protection from Abuse Orders What is a Protection from Abuse Order? 9. Protection from Abuse Orders What is a Protection from Abuse Order? In Pennsylvania, a person can apply for a Protection from Abuse Order, commonly known as a PFA. A PFA prohibits a person from abusing,

More information

5 Introduction The booklet aims to answer common questions victims have about parole and how the Parole Board works. It should help you understand how the Parole Board makes its decisions, what a Victim

More information

Families with Children in Care

Families with Children in Care Families with Children in Care A guide to your rights if your child is in care Partnership with Families Project Family Advocacy Service support for families with children in care Handbook This guide for

More information

THE BASICS Becoming a Legal Guardian in New York State

THE BASICS Becoming a Legal Guardian in New York State THE BASICS Becoming a Legal Guardian in New York State WHAT IS A LEGAL GUARDIAN? A legal guardian is a person who has legal power to take care of a child. A Judge decides whether a child will have a legal

More information

What you should know about IN ONTARIO

What you should know about IN ONTARIO What you should know about IN ONTARIO This booklet contains information about the law as it was at the time it was written. The law can change. Check the Ministry of the Attorney General website at http://www.attorneygeneral.jus.gov.on.ca

More information

Did the Punishment Fit the Crime?

Did the Punishment Fit the Crime? Teenagers and Criminal Justice Did the Punishment Fit the Crime? Fact Situation Hi, my name is Costas and I m 16. I spent my summer at the courthouse. I was on trial and was found guilty of killing a guy

More information

PERSONALIZED SAFETY PLAN

PERSONALIZED SAFETY PLAN The following steps represent my plan for increasing my safety and preparing in advance for the possibility of further violence. Although I do not have control over my partner s violence, I do have options

More information

Family Law in Alberta

Family Law in Alberta Family Law in Alberta ACCESSING JUSTICE Series Legal Information for Frontline Service Providers This guide was developed for frontline service providers in Alberta who work with vulnerable individuals.

More information

PARENT AND CHILD. Chapter Twelve

PARENT AND CHILD. Chapter Twelve Chapter Twelve PARENT AND CHILD Every person under the age of 18 is considered a minor in the State of Alaska. Upon your 18th birthday, you reach the age of majority. [AS 25.20.010.] Parents have certain

More information

Investigating Child Abuse and Neglect Fact Sheet

Investigating Child Abuse and Neglect Fact Sheet Investigating Child Abuse and Neglect Fact Sheet Our Legal Responsibilities When Butler County Children Services receives a report saying a child has been abused or neglected, the law requires us to: Find

More information

FREQUENTLY ASKED QUESTIONS CHILD SUPPORT CASES HAMPSHIRE PROBATE AND FAMILY COURT NORTHAMPTON, MA

FREQUENTLY ASKED QUESTIONS CHILD SUPPORT CASES HAMPSHIRE PROBATE AND FAMILY COURT NORTHAMPTON, MA FREQUENTLY ASKED QUESTIONS CHILD SUPPORT CASES HAMPSHIRE PROBATE AND FAMILY COURT NORTHAMPTON, MA 33 King Street, Suite 3 Prepared by: The Commonwealth of Massachusetts Department of Revenue Child Support

More information

Community Legal Information Association of Prince Edward Island, Inc. Adoption

Community Legal Information Association of Prince Edward Island, Inc. Adoption Community Legal Information Association of Prince Edward Island, Inc. Adoption In this pamphlet, we will explain some of the information about adoption and what you will experience if you choose or consider

More information

in Havering How to become a foster carer for Havering rise to the challenge reap the rewards

in Havering How to become a foster carer for Havering rise to the challenge reap the rewards in Havering How to become a foster carer for Havering Introduction Thank you for expressing an interest in becoming a foster carer for Havering. We are always looking for new people to join our group of

More information

This booklet may not be commercially reproduced, but copying for other purposes, with credit, is encouraged.

This booklet may not be commercially reproduced, but copying for other purposes, with credit, is encouraged. November 2015 2015, Legal Services Society, BC 4th edition: November 2015 1st edition: May 2009 ISSN 2369-9523 (Print) ISSN 2369-9531 (Online Acknowledgements Editors: Lesley Cameron, Jay Istvanffy Designer:

More information

Preparing as a respondent for a restraining order final hearing

Preparing as a respondent for a restraining order final hearing Preparing as a respondent for a restraining order final hearing This information may help you if you are a respondent in restraining order proceedings, you do not have a lawyer and want information on

More information

foster! your fostering information pack

foster! your fostering information pack you can foster! your fostering information pack We can produce this document in braille, in large print, on audio tape and in other languages. If you would like a copy in one of these formats, please call:

More information

PERSONAL SAFETY FOR CHILDREN A GUIDE FOR PARENTS

PERSONAL SAFETY FOR CHILDREN A GUIDE FOR PARENTS PERSONAL SAFETY FOR CHILDREN A GUIDE FOR PARENTS The data on abducted children contained in this report is taken from The Second National Incidence Studies of Missing, Abducted, Runaway, and Thrownaway

More information

If you and the school disagree about your child in special education

If you and the school disagree about your child in special education If you and the school disagree about your child in special education You have to give your OK for the school to do some things. Most of the time you and the school will probably agree. But what if you

More information

FIRST AND LASTING IMPRESSION

FIRST AND LASTING IMPRESSION HOST/ESS HANDBOOK The host/ess position is one of the most important jobs in the restaurant. You are the first and last person our guests have contact with. A huge smile and warm, genuine, heartfelt, welcome

More information

Pintar Albiston Las Vegas Family Law Attorneys

Pintar Albiston Las Vegas Family Law Attorneys HOW DOES THE JUDGE DECIDE CUSTODY ISSUES IN NEVADA? In the state of Nevada, parents who are separating or divorcing are encouraged to work together outside of court to determine who should have custody

More information

have to appear before the Youth Justice Court *, or

have to appear before the Youth Justice Court *, or Chapter 3: Lawyers Part 1: The right to a lawyer 1. When do I need a lawyer? You should talk to a lawyer whenever you: are charged* with breaking the law, are arrested or detained by the police, have to

More information

FREQUENTLY ASKED QUESTIONS ABOUT ADOPTION IN FLORIDA

FREQUENTLY ASKED QUESTIONS ABOUT ADOPTION IN FLORIDA FREQUENTLY ASKED QUESTIONS ABOUT ADOPTION IN FLORIDA BIRTH MOTHER RELATED 1. When can the mother of the baby start the adoption process? A. As soon as she has a confirmed pregnancy, the adoption process

More information

There are resources that you can contact for legal

There are resources that you can contact for legal Information for seniors This is one of a series of information sheets for seniors. The others are : Ê Abuse and Neglect of Seniors Is it a Crime? Ê Reporting Crimes to the Police and What Happens When

More information

FREQUENTLY ASKED QUESTIONS ABOUT CUSTODY & PARENTING TIME

FREQUENTLY ASKED QUESTIONS ABOUT CUSTODY & PARENTING TIME FREQUENTLY ASKED QUESTIONS ABOUT CUSTODY & PARENTING TIME Can a custody order be changed if both parents agree? Yes. But the judge must approve and sign the new order before it takes effect. Do I need

More information

Consequences of a. Youth Record

Consequences of a. Youth Record Consequences of a Youth Record Public Legal Education and Information Service of New Brunswick (PLEIS-NB) is a non-profit, charitable organization. We receive funding and in-kind support from Justice Canada,

More information

The Victims of Interpersonal Violence Act

The Victims of Interpersonal Violence Act 1 VICTIMS OF INTERPERSONAL VIOLENCE c. V-6.02 The Victims of Interpersonal Violence Act being Chapter V-6.02 of the Statutes of Saskatchewan, 1994 (effective February 1, 1995) as amended by the Statutes

More information

STUDENT LEGAL SERVICES CHILD, YOUTH & FAMILY ENHANCEMENT ACT A GUIDE TO THE LAW IN ALBERTA REGARDING OF EDMONTON COPYRIGHT AND DISCLAIMER

STUDENT LEGAL SERVICES CHILD, YOUTH & FAMILY ENHANCEMENT ACT A GUIDE TO THE LAW IN ALBERTA REGARDING OF EDMONTON COPYRIGHT AND DISCLAIMER COPYRIGHT AND DISCLAIMER A GUIDE TO THE LAW IN ALBERTA REGARDING CHILD, YOUTH & FAMILY ENHANCEMENT ACT version: 2010 STUDENT LEGAL SERVICES OF EDMONTON GENERAL All information is provided for general knowledge

More information

Western Mass. Legal Services PRO SE DIVORCE CLINIC OVERVIEW

Western Mass. Legal Services PRO SE DIVORCE CLINIC OVERVIEW Western Mass. Legal Services PRO SE DIVORCE CLINIC OVERVIEW CONTENTS INTRODUCTION... 1 CAN YOU GET DIVORCED IN MASSACHUSETTS?... 3 CAN YOU FILE YOUR DIVORCE IN BERKSHIRE COUNTY?... 4 THE DIVORCE PROCESS...

More information

Summary Report. In Easy Words and Pictures. Violence Against. Disabled Women Project

Summary Report. In Easy Words and Pictures. Violence Against. Disabled Women Project Summary Report In Easy Words and Pictures Violence Against Disabled Women Project What is in this summary report? Information about this project Page 3 What did we do? Page 4 What did we find out? Page

More information

Columbus Police Division Directive. I. Introduction. II. Definitions. Aug. 01, Handling of Juveniles

Columbus Police Division Directive. I. Introduction. II. Definitions. Aug. 01, Handling of Juveniles Columbus Police Division Directive EFFECTIVE NUMBER Aug. 01, 1987 3.04 REVISED TOTAL PAGES Jun. 30, 2015 9 Handling of Juveniles I. Introduction A. The Division is committed to the development and continuance

More information

Information about INTERVENTION ORDERS

Information about INTERVENTION ORDERS Information about INTERVENTION ORDERS This publication has been prepared as a public service initiated by South Australia Police and, while every care has been taken in its preparation, no warranty is

More information

HANDBOOK FOR NONCUSTODIAL PARENTS

HANDBOOK FOR NONCUSTODIAL PARENTS HANDBOOK FOR NONCUSTODIAL PARENTS INTRODUCTION The purpose of this handbook is to inform noncustodial parents about paternity establishment and child support services. The Office of the Attorney General

More information

Allegan County Friend of the Court Parenting Time Policy 48 th Circuit Court. Parenting Time Schedule for Children One Year Old and Younger

Allegan County Friend of the Court Parenting Time Policy 48 th Circuit Court. Parenting Time Schedule for Children One Year Old and Younger Allegan County Friend of the Court Parenting Time Policy 48 th Circuit Court Introduction In order for a child/ren to successfully adjust to having two homes, it is essential that the child/ren continue

More information

The Emergency Protection for Victims of Child Sexual Abuse and Exploitation Act

The Emergency Protection for Victims of Child Sexual Abuse and Exploitation Act EMERGENCY PROTECTION FOR VICTIMS 1 The Emergency Protection for Victims of Child Sexual Abuse and Exploitation Act being Chapter E-8.2 of the Statutes of Saskatchewan, 2002 (effective October 1, 2002)

More information

INDEPENDENT ADOPTION IN WASHINGTON Rita L. Bender

INDEPENDENT ADOPTION IN WASHINGTON Rita L. Bender LAW OFFICES Skellenger Bender 1301 FIFTH AVENUE, SUITE 3401 SEATTLE, WASHINGTON 98101-2605 (206) 623-6501 FAX (206) 447-1973 RITA L. BENDER rbender@skellengerbender.com RAEGEN N. RASNIC rrasnic@skellengerbender.com

More information

What is DOMESTIC VIOLENCE?

What is DOMESTIC VIOLENCE? What is DOMESTIC VIOLENCE? Domestic violence is a pattern of control used by one person to exert power over another. Verbal abuse, threats, physical, and sexual abuse are the methods used to maintain power

More information

P.E.A.C.E. Parent Education and Co-parenting Effectively. A Guide to Mediation for Custody and Visitation

P.E.A.C.E. Parent Education and Co-parenting Effectively. A Guide to Mediation for Custody and Visitation P.E.A.C.E. Parent Education and Co-parenting Effectively A Guide to Mediation for Custody and Visitation COMMON GROUND YOU BOTH ARE THE EXPERTS WHERE YOUR CHILDREN ARE CONCERNED AND YOU BOTH LOVE YOUR

More information

HOW TO MODIFY AN EMERGENCY PROTECTION ORDER IN AUSTIN, TEXAS

HOW TO MODIFY AN EMERGENCY PROTECTION ORDER IN AUSTIN, TEXAS HOW TO MODIFY AN EMERGENCY PROTECTION ORDER IN AUSTIN, TEXAS An existing Emergency Protection Order (EPO) contains three general prohibitions against the person arrested for an offense involving family

More information

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM (a) PETITION FOR TEMPORARY CUSTODY BY EXTENDED FAMILY (11/15)

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM (a) PETITION FOR TEMPORARY CUSTODY BY EXTENDED FAMILY (11/15) INSTRUCTIONS F FLIDA SUPREME COURT APPROVED FAMILY LAW FM 12.970(a) PETITION F TEMPARY CUSTODY BY EXTENDED FAMILY When should this form be used? This form should be used by an extended family member to

More information

CHAPTER 3 LEGAL ASPECTS

CHAPTER 3 LEGAL ASPECTS CHAPTER 3 LEGAL ASPECTS GOVERNING PRINCIPLES 3.1 Relevant statutory provisions serve as the baselines for care and protection of children. Various legislative provisions are in place to protect the welfare

More information

ILPA response to Inquiry into Asylum Support for Children and Young People

ILPA response to Inquiry into Asylum Support for Children and Young People ILPA response to Inquiry into Asylum Support for Children and Young People Annexe 1 Caselist The cases below are drawn from ILPA s February 2010 response evidence to the Ministry of Justice consultation

More information

SOME THINGS TO CONSIDER WHEN FILING FOR CUSTODY OR VISITATION MYTHS AND REALITIES

SOME THINGS TO CONSIDER WHEN FILING FOR CUSTODY OR VISITATION MYTHS AND REALITIES SOME THINGS TO CONSIDER WHEN FILING FOR CUSTODY OR VISITATION MYTHS AND REALITIES The father is the parent responsible for supporting the child. The law states that both parents have an equal obligation

More information

What You Need to Know About Divorce

What You Need to Know About Divorce What You Need to Know About Divorce There are four main steps in a divorce: 1. Your lawyer writes the divorce papers and files them with the court. 2. The sheriff s department gives (serves) your husband

More information

What happens when your child is removed from your home

What happens when your child is removed from your home What happens when your child is removed from your home This brochure answers questions about why your child was removed from your home, and what you need to do to have your child returned. Contra Costa

More information

JEWISH DIVORCE? Why do I need a. Questions & Answers about Divorce for Jewish Women. www.acttoendvaw.org. 4 Color.

JEWISH DIVORCE? Why do I need a. Questions & Answers about Divorce for Jewish Women. www.acttoendvaw.org. 4 Color. Why do I need a JEWISH DIVORCE? Questions & Answers about Divorce for Jewish Women The views expressed in these materials are the views of Act to End Violence Against Women and FLEW and do not necessarily

More information

Rule 60A - Child and Adult Protection

Rule 60A - Child and Adult Protection Rule 60A - Child and Adult Protection Scope of Rule 60A 60A.01(1) This Rule is divided into four parts and it provides procedure for each of the following: (c) (d) protection of a child, and other purposes,

More information

NOTE: For more specific information about how your county s rule may differ, please refer to the child support insert provided in this handbook.

NOTE: For more specific information about how your county s rule may differ, please refer to the child support insert provided in this handbook. 8. Child Support This section is about current Pennsylvania law and general procedures governing child support actions. Laws are modified and changed from time to time. Please note that there have been

More information

Safeguarding for Parents

Safeguarding for Parents Safeguarding for Parents Safeguarding Information for Parents The school recognises its moral and statutory responsibility to safeguard and promote the welfare of pupils. We endeavour to provide a safe

More information

Pregnancy and Parenting. A Legal Guide for Adolescents. With special information for their parents

Pregnancy and Parenting. A Legal Guide for Adolescents. With special information for their parents en Pregnancy and Parenting A Legal Guide for Adolescents With special information for their parents Second Edition 2006 http://www.teenpregnancy.unc.edu http://www.teenmother.unc.edu Contents Introduction

More information

The Youth Drug Detoxification and Stabilization Act

The Youth Drug Detoxification and Stabilization Act YOUTH DRUG DETOXIFICATION 1 The Youth Drug Detoxification and Stabilization Act being Chapter Y-1.1* of The Statutes of Saskatchewan, 2005 (effective April 1, 2006) as amended by The Statutes of Saskatchewan,

More information

The Friend of the Court

The Friend of the Court The Friend of the Court State of Michigan Fortieth Judicial Circuit Lapeer County Revised: May 2010 LAPEER COUNTY FRIEND OF THE COURT PARENTING TIME POLICY Revised: May 2010 Friend of the Court County

More information

Chapter Five ENCOUNTERS WITH COUNSELLORS RELATIONSHIP SERVICES WHAT S IN IT FOR FATHERS? by Sue Hine

Chapter Five ENCOUNTERS WITH COUNSELLORS RELATIONSHIP SERVICES WHAT S IN IT FOR FATHERS? by Sue Hine Chapter Five ENCOUNTERS WITH COUNSELLORS RELATIONSHIP SERVICES WHAT S IN IT FOR FATHERS? by Sue Hine Debate on the issues around fathers, families and fathering has thrown up extensive analysis and critiques

More information

A Practical Guide to Adult Orders of Protection. Clay County Circuit Clerk and Family Court Services

A Practical Guide to Adult Orders of Protection. Clay County Circuit Clerk and Family Court Services A Practical Guide to Adult Orders of Protection Clay County Circuit Clerk and Family Court Services Overview What is an Adult Order of Protection? How does the law protect against abuse? Who can file for

More information

Understanding Nebraska's Protection Orders

Understanding Nebraska's Protection Orders Understanding Nebraska's Protection Orders A guide for victims, law enforcement and service providers. What is a Protection Order? A protection order is a special type of order issued by a Judge which

More information

YOUR RIGHTS AS A SECTION 8 TENANT:

YOUR RIGHTS AS A SECTION 8 TENANT: YOUR RIGHTS AS A SECTION 8 TENANT: PROJECT-BASED AND VOUCHERS Copyright April 2012, Legal Aid Society of Hawai i All rights reserved. These materials may not be reproduced without the written permission

More information

SAMPLE PARENTING TIME GUIDELINES. 1. Both parents are fit and able to provide care for the children

SAMPLE PARENTING TIME GUIDELINES. 1. Both parents are fit and able to provide care for the children SAMPLE PARENTING TIME GUIDELINES I ASSUMPTIONS: These Guidelines assume that: 1. Both parents are fit and able to provide care for the children 2. Both parents desire to have a meaningful, ongoing relationship

More information

Homestay Handbook. For Students. University of Winnipeg

Homestay Handbook. For Students. University of Winnipeg Homestay Handbook For Students University of Winnipeg Revised October 2015 The Homestay Program at The University of Winnipeg wants to ensure that both students and host families have a positive experience.

More information

PATERNITY. Unmarried

PATERNITY. Unmarried PATERNITY GuideFor Unmarried Parents A child born to unmarried parents does not automatically have a legal father. Legal fatherhood can mean a lot to your child and to you as parents. Children with two

More information

CUSTODY ARRANGEMENTS AND SPECIAL EDUCATION

CUSTODY ARRANGEMENTS AND SPECIAL EDUCATION Ohio School Boards Association 2016 Special Education Law Workshop CUSTODY ARRANGEMENTS AND SPECIAL EDUCATION March 4, 2016 Presented by: Scott C. Peters 6480 Rockside Woods Blvd. South Suite 300 Cleveland,

More information

Could you foster a Shropshire child? Children and Young People s Services

Could you foster a Shropshire child? Children and Young People s Services Could you foster a Shropshire child? Children and Young People s Services So what is fostering?... A foster carer offers love, support and a secure home to children who, for whatever reason, cannot live

More information

A GUIDE TO FAMILY LAW LEGAL AID

A GUIDE TO FAMILY LAW LEGAL AID A GUIDE TO FAMILY LAW LEGAL AID Important new rules in relation to legal aid were introduced on 1 April 2013 by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). This legal guide

More information

Treatment Foster Care Program

Treatment Foster Care Program Treatment Foster Care Program Prospective Foster Parent Information Packet Thank you for making the decision to learn more about becoming a foster family! The process of fostering can be an emotional and

More information

STATE OF ALABAMA DIVORCE PACKAGE UNCONTESTED MINOR CHILDREN WITH OR WITHOUT PROPERTY. Control Number AL-006-D

STATE OF ALABAMA DIVORCE PACKAGE UNCONTESTED MINOR CHILDREN WITH OR WITHOUT PROPERTY. Control Number AL-006-D Prepared by U.S. Legal Forms, Inc. Copyright 2002 - U.S. Legal Forms, Inc. STATE OF ALABAMA DIVORCE PACKAGE UNCONTESTED MINOR CHILDREN WITH OR WITHOUT PROPERTY Control Number AL-006-D This packet contains

More information