Access to 11 month old and abusive husband

[alstare]

Hello everyone,
I thought I ask around for some opinion from you guys as a friend of my wife's has a problem. She was in abusive relationship (married for about 1.5 year) where her husband about 6 months ago became very controlling, and physically and verbally abusive. Couple weeks ago she got assaulted, police got involved and he got arrested and released on bail. Bail conditions stated he has to stay away from her 100m from her place of work/school/home. His criminal court date is in May, she'll be serving him with papers for custody, support for her and the child (she didn't work took care of the house and baby) and that day is in May as well.

She doesn't have a lawyer yet, (waiting for legal aid) on his bail it states "access to child/children through a mutually agreed third party of via court order". Taking under consideration that the baby is 11 months old and from what I've seen crying as soon as anyone takes the baby away from mother. Even though he didn't hit the baby he did stuff to her while she was holding the baby as he went on his rage. It all happened about 2 weeks ago past 5 or 6 days her father in-law calls untill voice mail box is full with different demands asking that they want the baby for half of sat or half sun. etc. She asked the in-laws to come in and see the grandchild so the baby can get used to them as they only visited the baby about 4 times this year. She also gave the option of the father seeing the baby through her friend that babysits to minimize the stress but his lawyer called and said that her husband doesn't agree to supervised visit with that friend.

Her fears are that he may take the baby just to punish her for calling police or make it hard for her to get the baby back, he never did take care of the baby so she's very concerned as to her well being when she's away from her mother. Children aid worker said it's not good for the baby because of what happened and the age, the duty counsel said 'till family court date she doesn't have to let him see the baby at all due to his criminal charge in place and bail conditions.

He will fight for custody or sole custody just to make it living hell for her as he was her sponsor on permanent resident application; which he I'm sure will cancel. Or he will hope she will be asked to leave the country but the baby will have to stay due to shared custody. Needless to say leaving baby behind isn't an option for loving mother.

[logicalvelocity]

This a child protection matter. The father has been charged but yet convicted and is under interim Recognizance - The CAS are obliged to seize and investigate.

[tugofwar]

Hello everyone,
on his bail it states "access to child/children through a mutually agreed third party of via court order". Past 5 or 6 days her father in-law calls untill voice mail box is full with different demands asking that they want the baby for half of sat or half sun. etc. She asked the in-laws to come in and see the grandchild so the baby can get used to them as they only visited the baby about 4 times this year. She also gave the option of the father seeing the baby through her friend that babysits to minimize the stress but his lawyer called and said that her husband doesn't agree to supervised visit with that friend.

Has she tried asking him who would be fit in his eyes as a mutually agreed third party?
If this is all he has to do to see his child and will not co-operate then there's not much you can do about it. He does have access to the child but has demonstrated that he's denying himself access. That doesn't go very well in court.
I think she did the right thing with the in-laws. She has offered a solution and they can't agree to the arrangements. What's more important to them, seeing their grandchild or being stubborn about it. That's just my opinion.

[singledad99]

Marital status changes do not affect the immigration status of the individual unless the individual is still in the process of obtaining permanent residence.

Child that young must have access to the other parent otherwise the parent-child bond will be damaged. That damage might strengthen your position in family court but will harm the child in the long run. You should go with your true comfort level regarding nature and duration of access and not just what the lawyers/social workers tell you. (or go with the court order when you have one) Do not act like you own the baby as it will backfire at you. There is a lot of anger that goes around duration such phases of separation; try to keep your personal feelings away when comes to making decisions for the child.

[alstare]

Thanks for some input, I know these situations always the kids get it the worst in a way. Children Aid Service was notified and is in contact with both I believe mother and the father.
As to her immigration status that's where it gets tricky because she didn't get the PR card immigration froze the process as now in their eyes even though they made the decision; the sponsor/husband is not going to be supporting her anymore. So if immigration will ask her to leave Canada, and he won't let baby leave with mother he thinks he will get the baby as mother will be forced to leave. Clean case in his eyes. She has some appointments for legal aid and lawyers so she'll know what her options are.

[billiechic]

They should be checking with Immigration as to what will happen. Is she allowed to work in Canada?

I think this really is a case for a lawyer though. Very complicated.