Difference between revisions of "I Just Separated from the Other Parent of My Children"

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I Just Separated from the Other Parent of My Children (view source)

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→‎First steps
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== First steps ==
== First steps ==


#Ensure that you and your children are safe. This may mean leaving the family home for awhile and staying with friends or staying in a transition house. To find a local transition house, try a Google search for "<tt>transition house</tt>" plus your community — e.g., "<tt>transition house victoria bc</tt>." Alternatively, look in the Yellow Pages under "Crisis Centres," or contact [[VictimLINK]]. The local police station can also give you information about transition houses and other victim services.
#Get some initial help with:
#Consider whether you need a ''safety plan''. A safety plan outlines steps you can take to protect yourself and your children. Having a safety plan means you know how to get help if your partner is abusing you. It is a good idea to ask a friend, advocate, or victim service worker to help you make a safety plan. For information on making a safety plan, see "[http://www.clicklaw.bc.ca/resource/2411 Live Safe — End Abuse: Safety Planning]."
##finding out what your legal rights and those of your children are. A lawyer is the professional most likely to assist you; and
#If you are afraid of the other parent, one option is to go to the police station and ask to have help in obtaining a ''peace bond''. A peace bond is an order of the court that can last up to a year, requiring the other parent to stay away from you and the children unless you consent to contact. Another way to protect yourself is to go to Family Court and ask for a ''protection order''. For more information on seeking a peace bond or a protection order, see "[http://www.clicklaw.bc.ca/resource/2414 Live Safe — End Abuse: Protection Orders]."
##deciding whether mediation, collaborative family law or other kinds of alternate dispute resolution (ADR) are safe and likely to work fairly for you. If there have been problems of violence, threats, intimidation, or financial abuse, or if there has been a history of controlling behaviour, ADR may not be right for you at this time, due to a power imbalance in your relationship. Family Justice Counsellors, mediators and lawyers are the professionals most often assisting with this.
#If there has been family violence, see [[My partner is abusing me and my kids]].  
#You may want to take or retain copies of tax, banking and financial documents, passports, marriage certificates and other financial documents with you.
#If you need a lawyer but cannot afford one on your own, see if you qualify for [[Legal Aid Representation|legal aid <span class="noglossary">representation</span>]]. If you don't qualify for legal aid <span class="noglossary">representation</span>, or if you think you can resolve your issues through mediation, you may wish to contact a [[Family Justice Centres|Family Justice Centre]]. Counsellors at Family Justice Centres can provide information, mediation and assistance with applications involving guardianship, parenting time, and support in Family Court. However, they have no jurisdiction to help with divorce or division of family property and debts.  
#If you need a lawyer but cannot afford one on your own, see if you qualify for [[Legal Aid Representation|legal aid <span class="noglossary">representation</span>]]. If you don't qualify for legal aid <span class="noglossary">representation</span>, or if you think you can resolve your issues through mediation, you may wish to contact a [[Family Justice Centres|Family Justice Centre]]. Counsellors at Family Justice Centres can provide information, mediation and assistance with applications involving guardianship, parenting time, and support in Family Court. However, they have no jurisdiction to help with divorce or division of family property and debts.  
#If you want to apply for a court order dealing with who the children will live with, parenting time, or financial support, you can apply to Family Court. Family Court forms and self-help information are available online at the [[Family Law in BC]] website. Click on the shortcut "Self-help guides," scroll down to "Family orders" and click on the appropriate link. If you feel the situation is urgent, you may ask the judge to make the order "without notice," meaning that the court <span class="noglossary">will</span> make its order without your ex-partner having a chance to be heard or being notified in <span class="noglossary">advance</span> that you are seeking an order. Without notice orders are always interim (short-term) and your ex-partner <span class="noglossary">will</span> eventually have a chance to speak to the judge before a final order is made.
#If you want to apply for a court order dealing with who the children will live with, parenting time, or financial support, you can apply to Family Court. Family Court forms and self-help information are available online at the [[Family Law in BC]] website. Click on the shortcut "Self-help guides," scroll down to "Family orders" and click on the appropriate link. If you feel the situation is urgent, you may ask the judge to make the order "without notice," meaning that the court ''can'' make its order ''if justified'', without your ex-partner being notified in <span class="noglossary">advance</span> that you are seeking an order, or having a chance to be heard. "Without notice" orders are ''almost always'' interim (short-term), and provide a date for your case to come back to court, etc.


== What happens next ==
== What happens next ==
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