Written by David Desautels, Family Law Advocate
** names have been changed to protect privacy**
Maria is married to Floyd, and they have two boys under 12 years old. Maria and Floyd had a good marriage until Floyd became aggressive and started to act erratically. It came to a point where Maria no longer felt safe, so she decided to leave her home with the kids and went to live with a friend. Maria did try to reconcile but the attempt was unsuccessful as Floyd became even more dangerous.
The Family Law advocate, David, met with Maria and explained her options. First step was to apply for Protection Order for her and her kid’s protection.
A provincial court judge granted the Protection Order. Once a Protection Order is granted, a copy of the Order is sent to the other party, the other party then has the option of applying to the courts to set it aside. A hearing is set, and a judge determines if the Order stays in place. In this case Floyd didn’t apply.
David prepared an Application about a Family Law Matter on Maria’s behalf requesting that Maria have the majority of parenting time as well as all of the parental responsibilities, and she wanted a child support order in place. She also asked that Floyd’s contact with the kids should be decided by her and the kids.
Again, Floyd did not respond to the Application, so David prepared an Application for a Case Management Order Without Notice, a court date was scheduled, and the Application’s requests were all granted by a judge.
Maria can now move on with her life, concentrating on raising her children in a healthy happy home. After one year of separation, she can apply for a divorce.
In this situation, there were many steps involved and each one requires a form to be completed, in some cases a very lengthy one. Without an advocate, Maria would have had to fill out the following forms and navigate the court system while raising two kids alone and without stable housing:
“Form 12-Preparing an Application About a Protection Order” -17 pages
“Form 3-Preparing an Application About a Family Law Matter” -49 pages
“Form 11-Preparing an Application for Case Management Order Without Notice or Attendance” -3 page form with 18 pages of Schedules