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Old 09-26-2011, 03:33 AM
Skndlz2904's Avatar
Skndlz2904 Skndlz2904 is offline
Join Date: Jul 2011
Location: Ontario
Posts: 73
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You need to file an application for sole custody and emergency motion (ex parte) the next day for interim sole custody. You will probably get weekend access to your son on an interim basis. Make sure the Judge puts police enforcement with proper wording in his/her endorsement.

Have six months for what? It doesn't work like that in real world. Police will not believe you because you did not leave "in fear" or call police right away but instead you resumed to have contact with her. They will not charge her now, it's too late. There's no other evidence and it's your word against hers.

1. I don't think police reports, with no charges layed, carry much weight in Family Court. My ex falsely called cops two times on me and didn't even mention it in her application. It's easy to refute any allegations if you're not arrested.

2. Off course you will have a better chance with a good lawyer

3. I don't think it matters if you leave the house or not at this point. You must ask for an order for exclusive possesion of the home and it's gonna be up to the Judge. You can bet she will.

Judges like hard evidence not the affidavits. Assault charge would put her in a huge disadvantage especcialy because your son witnessed it and CAS would get involved. If you called the cops right away and got her arrested, you'd already have the CAS report in your hand to show to the Judge and would get interim sole custody.