${site.data.firmName}${SEMFirmNameAlt}

Mother Doesn't Always Know Best

William and Candy no longer live together, but they did have a three-year-old daughter who lived with Candy. William had bi-weekly access to his daughter by a court order.

In addition to the three-year-old girl, Candy also had two older children from a previous relationship. The two children, the three year old girl, and Candy all lived with Candy's aunt.

At the end of April 2013 Candy's boyfriend, Josh, with whom she had lived for two years, was arrested and charged with sexually assaulting his ex-wife's 12-year-old daughter. Candy did not disclose this fact to William. He found out about it from Josh's ex-wife. (This is not good.)

From time to time, Candy and the children visited Candy's mother and her mother's partner. These two (Candy's mother and her partner) had, over the past few months, been the subject of police investigation for domestic violence by the partner against Candy's mother. The partner had been in custody at least once for that reason. (Not good.)

In addition to all of that, the two older children had been given counselling by the Children's Aid Society because of problems they had had with Candy's boyfriend. (Not good.)

After Candy's boyfriend had been charged with sexually assaulting the 12-year-old girl Candy had supported his bail process. Bail was granted to Josh but one of the conditions of Josh's bail was that he was prohibited from being in the presence of any child unless his surety or the child's parent was present. Also, Candy testified at the hearing that the relationship between her and Josh was over.

Based on all of that, William brought an emergency motion in family court, in which he asked the court to take custody of his three year old daughter away from Candy and give custody of his young daughter to him.

So, what do you think?  Should the court take the child away from its mother? After all:

• the child had lived with its mother since birth;

• there was a court order that Josh could never be left alone with a child so long as he was on bail; and

• Candy had told the court that "....the relationship is over".

So, why remove the child from the life the three year old has always known, and turn her over to the father?

The judge had his own view.  At the conclusion of the hearing he found:

1)  The respondent (Candy) did not put her child first when she omitted to tell the child's father (William) about Josh's arrest.

2)  The mother was more interested in her own position than in the welfare of her daughter.

3)  She (Candy) put her relationship with Josh before the needs of her other children.

4)  Candy thought that Josh presented no threat to her child and she had not given serious consideration to the objective evidence to the contrary.

Not surprisingly, given those findings, custody was granted to William, and Candy was given bi-weekly supervised access for three hours.

Lessons to be learned:

  • A good family law lawyer can give invaluable advice in situations where custody is at issue.

  • Children deserve to be protected. A court order is never final where the rights of children are concerned.

At The Ross Firm, we have lawyers whose practice focus is Family Law.

Give us a call.

Talk to us.

We can help.

Note: the names used in this article have been changed to protect the identity of the child.

No Comments

Leave a comment
Comment Information

shameless self promotion

  • Ross Firm Golf Tourney In Support of Huron Women’s Shelter a Swinging Success

    On behalf of the Huron Women’s Shelter and The Ross Firm P.C., we say “THANK YOU” to our many Sponsors and Donators for their outpouring of generosity and support for the annual Take a Swing Against Violence Golf Tournament held at Goderich Sunset Golf Club.

    Read More

  • Who needs a Will? You do!

    Our guests can explain why. Are you single and renting? A new Family? Or Homeowner? Enjoying your Golden Years? We all need a Will and our guest speakers will show you the why and the way.

    Read More

  • Take a Swing Against Violence

    On June 21, 2017, the Huron Women’s Shelter Second Stage Housing and Counselling Services, Board of Directors and The Ross Firm will be hosting the Taking a Swing Against Violence golf tournament at the Goderich Sunset Golf Course.

    Read More

  • Rocco & Vinnie do Advertising

    For your viewing pleasure our latest installment of Rocco & Vinnie Law Videos. This one plumbs the depths of the recent review of the Advertising Rules. Part cautionary tale, part musical, all Rocco & Vinnie.

    Read More

View All

Send Us An Email. Talk To Us. We Can Help.

To schedule a consultation with one of our experienced lawyers, contact The Ross Firm online or give us a call toll free at 888-567-4917.

Contact Us

Goderich Office
144 Courthouse Square
Suite 100
Goderich, ON N7A 1M9

Toll Free: 888-567-4917
Fax: 519-524-8438
Map & Directions

Stratford Office
1 Ontario Street
2nd Floor
Stratford, ON N5A 3G7

Toll Free: 888-567-4917
Fax: 519-814-5533
Map & Directions

Kincardine Office
943 Queen Street
Kincardine, ON N2Z 2Y8

Phone: 226-396-5532
Fax: 226-396-5533
Map & Directions