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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 10-10-2017, 06:04 PM
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Default Domestic Violence

Have been following this forum for quite some time. A lot of interesting people and thoughts.

I have a question related to child custody, and wondering if someone could help.

The situation is that my friend had a conditional discharge for domestic assault against his then girlfriend, now ex-wife 10 years ago. I am wondering how this would impact his child custody with his now 2 year old child. Could he get 50/50 physical residence with joint custody? How would a judge see this and what will be the possible outcomes?

We tried to look for answer in both past forums and on CanLii, but had no luck.

Thank you all in advance
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Old 10-10-2017, 07:24 PM
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What were his "conditions" for discharge? (ongoing anger-management counselling, staying away from ex, any charges since that time eg.)?

Friend is best to consult with a family law lawyer.
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Old 10-10-2017, 07:36 PM
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happened 10 years ago ? Or they met 10 years ago and this happened recently ?

are they communicating? How often does he get to see his kids now ? is there any supervised access in place ?

Yes, he could get joint custody and 50/50 access. he could also get sole custody and your friend could end up with every other weekend or supervised access. That all comes down to the judge residing the matter.
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Old 10-10-2017, 09:59 PM
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Quote:
Originally Posted by arabian View Post
What were his "conditions" for discharge? (ongoing anger-management counselling, staying away from ex, any charges since that time eg.)?

Friend is best to consult with a family law lawyer.
The condition was to attend anger-management counselling course of which he did. His record is completely clean now, and has been removed from his record 6 years ago.
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Old 10-10-2017, 10:07 PM
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Originally Posted by trinton View Post
happened 10 years ago ? Or they met 10 years ago and this happened recently ?

are they communicating? How often does he get to see his kids now ? is there any supervised access in place ?

Yes, he could get joint custody and 50/50 access. he could also get sole custody and your friend could end up with every other weekend or supervised access. That all comes down to the judge residing the matter.
Hi trinton,

great questions.

The charge was 10 years ago. The condition for discharge was met a yet after, and since then it is completely removed from his criminal record.

They most communicate through the lawyers, and he is currently seeing his kid three hours on weekday, and one overnight from from Saturday to Sunday.

There is no supervised access in place.

He is fighting to get 50/50 with joint custody. The other party most latching on the fact that he had the domestic assault again his ex-wife 10 year ago when they were dating.

In your opinion/reading, how significant is the domestic assault that happened 10 year ago to his case?
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Old 10-10-2017, 10:27 PM
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Quote:
Originally Posted by george_linge View Post
The charge was 10 years ago. The condition for discharge was met a yet after, and since then it is completely removed from his criminal record.

They most communicate through the lawyers, and he is currently seeing his kid three hours on weekday, and one overnight from from Saturday to Sunday.

There is no supervised access in place.

He is fighting to get 50/50 with joint custody. The other party most latching on the fact that he had the domestic assault again his ex-wife 10 year ago when they were dating.

In your opinion/reading, how significant is the domestic assault that happened 10 year ago to his case?
Not at all.

He's been conditionally discharged. It doesn't show up on his criminal record or in a background check. It's as if it never happened. He doesn't have to bring it up.

Even if his new-ex brings up the assault against his old-ex, he can just rebut that it was against a different partner, he attended the anger management counselling and learned a lot, he received a discharge, there was no similar issue in the subsequent relationship with new-ex, there was never any issue with children, and his access with his child is not supervised.

His ex is grasping at straws.
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Old 10-10-2017, 10:42 PM
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Not at all.

He's been conditionally discharged. It doesn't show up on his criminal record or in a background check. It's as if it never happened. He doesn't have to bring it up.

Even if his new-ex brings up the assault against his old-ex, he can just rebut that it was against a different partner, he attended the anger management counselling and learned a lot, he received a discharge, there was no similar issue in the subsequent relationship with new-ex, there was never any issue with children, and his access with his child is not supervised.

His ex is grasping at straws.
Hi Rioe,

Thanks for the response.

My apologies that I was not clear in my answer to trinton, there is no new-ex, old-ex. It is the same woman. Except when the conditional discharge was laid, they were boyfriend/girlfriend relationship. However, they reconciled back then, and got married after, even with the conditional discharge matter.

Do you think in this case, his ex is still grasping at straws?
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Old 10-11-2017, 12:11 AM
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Conditional discharge means he wasnt charged .. and did what the judge told him to. Also, it's been over a decade. He can pursue 50/50. It will surely be brought up as a weighing factor but the judge wont bat an eyelash.
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Old 10-11-2017, 09:30 AM
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I really dont think he has to worry about it. If the same woman he assaulted was the same one who married him after and there has been no issues since then he can use that if she brings it up.

Tell him to be careful, her friends are probably telling her to set him up to have him react so she can call the police and use it against him.
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Old 10-11-2017, 09:42 AM
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Quote:
Originally Posted by george_linge View Post
Hi Rioe,

Thanks for the response.

My apologies that I was not clear in my answer to trinton, there is no new-ex, old-ex. It is the same woman. Except when the conditional discharge was laid, they were boyfriend/girlfriend relationship. However, they reconciled back then, and got married after, even with the conditional discharge matter.

Do you think in this case, his ex is still grasping at straws?
That's probably even better for him, that it was all the same relationship. She didn't break up with him over the incident and even married him later, so obviously she didn't think it was serious. Then, she trusted him enough to have a kid with him, and presumably had no issues with his parenting until they broke up, after which he had unsupervised access.

He needs to use his anger management skills, remain calm, and rebut all her emotional arguments with logical facts.
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