Child & Spousal Support
Can a Parent Be Considered Intentionally Underemployed?
October 26, 2021
Working in family law, we, unfortunately, encounter clients who have been victims of domestic violence at some point in their lives. Domestic violence can take many forms, including physical and sexual abuse, as well as verbal and emotional abuse. If you or your children are suffering from any form of abuse, contact the police immediately and then speak with a lawyer about how to best protect yourself and your children going forward.
Many couples who decide to separate choose to remain in the same home after separation. Most often, this is to save on expenses or minimize any interruption to parenting time with their children. Unfortunately, this can also create an ideal condition for an escalation of domestic violence in some cases.
If you find yourself in a situation where domestic violence is an issue, the family law lawyers at Long Shariff & Associates will take steps to ensure your safety. We have extensive experience working with clients facing violence during a separation or divorce. We provide compassionate representation, and we will listen to your concerns and advise you on your best path forward. Your safety, and the safety of your children, is of paramount concern for us and we will find the best, most effective solution for your situation.
Married couples have unique rights regarding the matrimonial home, and either party can apply for exclusive possession. If you are experiencing domestic violence while you and your former spouse are working out the details of your separation or divorce, you can apply for exclusive possession of the home under the Family Law Act. In considering whether to grant the application, a court will look at the following factors:
As of 2021, federal and provincial family legislation has been amended to specifically include considerations of family violence when a court is making an order. If the application for exclusive possession is granted, this will generally mean your spouse will be required to move out of the family home while the terms of the separation or divorce finalized.
If you have reasonable grounds to fear that you or your children are in danger from your spouse, our lawyers can assist you with applying to the family court for a restraining order. A restraining order can prevent your spouse or partner from contacting you or coming within a certain distance of you and your children, your home, your place of work, or the children’s school. If the terms of the restraining order are violated, your spouse or partner can be arrested by the police.
Unlike an application for exclusive possession of the matrimonial home, a restraining order is an option available to both married and common-law spouses.
The empathetic lawyers at Long Shariff & Associates regularly work with clients dealing with family violence during a separation or divorce. We will bring our entire team to the table when necessary, for each client to find the best solution to ensure their safety quickly and effectively. To review your matter in confidence with a member of our team, please reach out to us online, or call us at 905-591-4545.