Have a child who was in a joint custody, 50/50 access situation until the age of 9 when they were removed from Mom's care and I was given temporary sole custody. Mom was charged with assault causing bodily harm for leaving bruises on child.
My child has been in my sole care for the last 2 years and Mom's criminal trial ended with an acquittal. The judge acknowledged that she committed the act of hitting and causing bruises, but that the injury did not meet the severity for the specific charge of assault causing bodily harm. He said it was allowable corporal punishment under Canadian law. Judge did state he would not have used the same type of discipline.
My question is; how will a family court view this? Before this assault there were other verified incidents of abuse. When this assault took place, the CAS placed my ex on a child abuse registry.
Mom is now seeking to reinstate unsupervised access and my worry is how much weight the court will put on the acquittal even though it was acknowledged that the assault happened.
Thank you
My child has been in my sole care for the last 2 years and Mom's criminal trial ended with an acquittal. The judge acknowledged that she committed the act of hitting and causing bruises, but that the injury did not meet the severity for the specific charge of assault causing bodily harm. He said it was allowable corporal punishment under Canadian law. Judge did state he would not have used the same type of discipline.
My question is; how will a family court view this? Before this assault there were other verified incidents of abuse. When this assault took place, the CAS placed my ex on a child abuse registry.
Mom is now seeking to reinstate unsupervised access and my worry is how much weight the court will put on the acquittal even though it was acknowledged that the assault happened.
Thank you
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