Hi, I am asking on behalf of a friend. She is very confused what to do and what will create the least negative impact.
She lived common law with the guy for about 5 years. They have a 3.5 y.o. She hasn’t worked for the duration of the relationship because when she moved in, he said that he will work and she has to stay home. Now she wants to leave because she can’t take anymore the controlling and verbally abusive nature of her partner.
She told him she wants to leave, but he said “where can she possibly go so useless and untalented, nothing to look at” and that if she did go, that she has to leave his daughter. She has been moving out slowly, only things that he will not notice and plans last move this Saturday.
She plans on taking their daughter with her, and will notify him of where his D is so that it doesn’t count as abduction. She is more than ok with shared/joint custody, but it looks like she is the only one. She thinks that by taking him to Court without giving him the chance to settle out of court, will make him hate her even more.
So this Sat. she will remove her last possessions and bring the child to the new residence. Then right away she will give him the separation agreement where 50/50 custody and support will be discussed. Hopefully he agrees and everything will be ok. However, if he doesn’t agree, she will notify him that she has no choice but to go through courts and then file an application while keeping their D and let the courts resolve this issue.
My question is there any better way to handle this situation? If you have more questions that can help to clarify, please ask.
As a side note, she has done his paperwork for tax purposes, and knows what he makes, but on the income tax papers he only makes 25K, so his support for a child is going to be low. Should she also discuss SS in separation agreement?
She lived common law with the guy for about 5 years. They have a 3.5 y.o. She hasn’t worked for the duration of the relationship because when she moved in, he said that he will work and she has to stay home. Now she wants to leave because she can’t take anymore the controlling and verbally abusive nature of her partner.
She told him she wants to leave, but he said “where can she possibly go so useless and untalented, nothing to look at” and that if she did go, that she has to leave his daughter. She has been moving out slowly, only things that he will not notice and plans last move this Saturday.
She plans on taking their daughter with her, and will notify him of where his D is so that it doesn’t count as abduction. She is more than ok with shared/joint custody, but it looks like she is the only one. She thinks that by taking him to Court without giving him the chance to settle out of court, will make him hate her even more.
So this Sat. she will remove her last possessions and bring the child to the new residence. Then right away she will give him the separation agreement where 50/50 custody and support will be discussed. Hopefully he agrees and everything will be ok. However, if he doesn’t agree, she will notify him that she has no choice but to go through courts and then file an application while keeping their D and let the courts resolve this issue.
My question is there any better way to handle this situation? If you have more questions that can help to clarify, please ask.
As a side note, she has done his paperwork for tax purposes, and knows what he makes, but on the income tax papers he only makes 25K, so his support for a child is going to be low. Should she also discuss SS in separation agreement?
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