Emergency situation

[rungirlrun]

I have 3 young children, my soon to be ex-spouse is on the lease and we've been together for 7 years. Today, i discovered he closed the joint bank account and all of the bills are in my name. I have been the stay at home parent and have no funds. He will likely be arriving home shortly. What recourse do i have?..the bills are due, and he says he's going to attempt to get custody of the children (he is the step parent). Can i go to court and have an emergency hearing? Do i require to take my children with me to court?...any advice would be greatly appreciated.

[paris]

Now there's some good advice.

But seriously, this woman needs answers quickly.

rungirlrun, I should first ask if you are physically threatened by your spouse. Are you married or commonlaw? You say he is on his way home, so I assume you still share the same home.

Have you discussed separating? I wonder what made him close the bank account. I can only guess at some of these answers without more information.

First and foremost, get your hands on any important paperwork... tax returns, bills, birth certificates... that sort of thing.

You can file an emergency motion regarding the children and the home. You may be able to get legal aid. You do not have to take the children to court with you.

Oh, don't use rat poison, it's too easily detected. Silly jojoy.

[farmgirl5]

Also call your local court house and ask for an appointement at the family law information clinic. I don't know much about legal aid, but you should be able to get legal aid. A lot of lawyers will also allow you half hour free consultation. I wouldn't worry about him getting custody, it's nearly impossible for the biological father to take the children from their mother, I doubt that he has a hope. Although I think that if a person has 'stood in place of a parent' they may be on the hook for child support too. If there is nothing more you can do about the bills, at least you can call your creditors and explain the situation and let them know that you do intend to have your accounts up to date as soon as you can. At least then they know you're not "skiping out" on the bill. I don't know how it works if you are renting, but I don't think he can make you leave your home, espescially if it's your children's home as well.

[jojoy]

Please forgive me, rungirlrun. My day in court is tomorrow and im starting to freak-out. im so sorry your in such a bad situation. what i would do is: FIRST THING TOMORROW change get the door locks then ask the police be be arounD when he gets home form work and get legal aid

[rungirlrun]

Thank you everyone for your replies. We have been together for 7 years but married for just under 4 years. A few years ago, i discovered he was having an affair, i gave him another chance and found out he was cheating again. He was in a bankruptcy when i had met him and all of the bills since then were in my name because he had no credit. He closed the account today, and i also found out that he took the insurance off of my car. My children are 7 8 and 9 years of age, and at the moment, i can't even take out cash to give them snack money for school.
When he came home, i set the deadbolt so he couldn't get in..he went to his bosses house, phoned the landlord (we're renting) who phoned me and wanted to know what's going on. A police officer showed up (he's my neighbour and friend so i felt a bit better) He explained to me that the bank should not have closed the account as it was a joint account...but that's like shutting the gate after the cows have run away. When i told my huzbeast that i was left at the grocery store with no money and a dead debit card, he laughed. And this is the man who is trying to prove me unfit? I told the officer that what he did was downright low and shallow because i was buying food for the kids school lunches at the time...it was after 5pm and of course i couldn't even call the child tax benefit people to tell them that the account the CTB is to be deposited in tonight is now a closed account. Yes...that's quite the caring father.
It turns out i am the only one named on the lease, but since we rented here for 7 years, it is considered the matrimonial home so only a court can decide who has to leave. He refuses to leave, and i refuse to leave (no money, 3 kids...where would i go other than a shelter which would be unfair to the kids) He has been trying to isolate me for months. I am a competetive runner and he has made it nearly impossible for me to get out of the house because as soon as he'd see me getting in my gear, he would head out the door...ergo, nobody to watch the children. I had a membership atthe gym, but he made me cancel it a year ago stating that i don't work therefore i'm not allowed perks.
Tomorrow, i am going to the court building to see about an emergency hearing, and maybe i can have him ordered in writing to pay...i hope

[rungirlrun]

best of luck in court tomorrow JoJoy (keeping my fingers crossed for you)

[yearsgone]

My ex closed our Visa card account on his own and the bright people at CIBC let him do it. My Lawyer said it was illegal for them to let him close any joint accounts but nothing was done. When you get a Lawyer he/she will likely tell you that your H is still liable for the bills too, no matter what he proclaims. I still had to pay half of all debts even though I made a lot less than ex did. It came out of my half of the house sale money. You are making a good move by going to the clinic. Make sure you have copies of any financial papers such as bills, H's pay statements, bank statements, insurance, RRSPs etc. etc. and H's Social Security Number.Good luck.

[standing on the sidelines]

I really do feel for you. it sounds like he is a very controlling man and has cut you off from your support system. How he was allowed to close the joint account is beyond me. Even though you are the only name on the lease he does have some rights also so changing the locks is never a good idea.

Just keep your wits about you, do not lose your temper and remember this is going to to worse before it gets better but it will get better

[FL_Needs_To_Change]

I believe that you have no rights that any other landlord does not have, there are only certain rules that you can legally enforce on anyone.
As of now your house is legally his home and place of residence, most of his rights equal your own.
You have the same legal requirements as any other landlord, and you can not evict him without a court order and changing the locks may result in trouble on your part.

I think, given the severity of your particular situation, you need to do a little research as to what you are allowed to do.
You are in a very difficult situation. You have to protect yourself, but cannot go against the laws that protect him even though it doesn't sound fair.

The landlord tenant act states....

In addition, a landlord, tenant or any other person permitted in the residential complex by the tenant should not at any time interfere with the reasonable enjoyment of the rental unit or residential complex for all usual purposes by other occupants.

During the tenancy a tenant has no right to change locks without consent of a landlord and the landlord shall not alter or change locks without providing the tenant with replacement keys. In addition to that a landlord or tenant should not harass, obstruct, coerce, threaten or interfere with each other.

I believe you are bound by the same laws as your landlord since you are basically sub-letting
Again, you need to find out which laws apply to you, BUT still maintain your safety.

[dovan]

rungirlrun,
you can asked the court to hear a motion without notice I believe the form is Form 14 D Order on Motion without Notice. Bring your children to court is not a good idea...judges frown on that to them it like putting the children in the middle and that is not in their best interest. Social services should be able to assist you with this. I hope this helps you out. Best of luck