Getting arrested can affect child custody. It’s unfortunate that, sometimes, the family disputes trigger into criminal charge (s). This happens when one of the spouses contacts police to report domestic violence. Police charges such violent spouse with the criminal offence such as assault. It also might be aggravated assault, uttering threats, or threatening death. The police or the Justice of the Peace/Judge – as the case may be – releases such accused on some form of release with certain conditions, which also includes that the accused can’t contact or communicate with his/her spouse directly or indirectly except through a mutually agreed-upon third party or in accordance with the Family Court Order, in order to arrange access to the child.
Getting Arrested Can Affect Child Custody
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Which Spouse Gets the Custody In case one of The Spouse is Charged?
If the spouse, who is charged with one of the offenses involving domestic violence, gets one of the terms of his/her release as not to contact or communicate the other spouse or visit spouse’s place. The other spouse gets the de facto custody of the child (ren). This is unless determined otherwise by the court order. It has been observed that the spouse, who is in de facto custody of the child (ren), has the advantage in obtaining a final custody order. The court will look into the circumstances of the spouses. They will then determine the custody issue in the best interest of the child (ren). In these circumstances, where one spouse is charged with domestic violence, the court may order the parties to maintain status quo – existing state.
When a spouse is charged with a criminal offence involving domestic violence, it’s always recommended that such person should retain a criminal lawyer who can assist him/her in his/her criminal charge – in order to avoid far-reaching impact on his/her relationship with his/her child (ren). ClearWay Law has services of competent criminal and family lawyers to advice their clients on such issues.
Does The Criminal Record Shadow Any Impact on Child Custody & Access?
As it is allowed to both parties in a dispute to allege criminal records, the spouse’s ability to have child custody may be undermined by having a criminal record. The court may look into the spouse’s conviction and may disavow the spouse’s custodial ability, given his/her convictions involving domestic violence – while deciding on child custody & access issues. In that case, the court may order that limited or supervised access is suitable in the best interest of the child (ren).
It is prudent that a person, involved in a criminal charge of domestic nature, should retain a competent criminal lawyer to deal with his/her matter efficiently – in order to protect his/her rights and to secure him/her from long term impact of a criminal charge in his domestic life. ClearWay Law has services of competent criminal and family lawyers who work efficiently to protect their clients’ rights.
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Affect Child Custody Blog – DISCLAIMER
This article is written and published for information purposes ONLY. It MUST NOT be considered as legal advice or opinion. You should seek appropriate counsel for your own situation. And please note – this information is directed toward readers in Canada only. The writer of this article shall not be liable for any special, direct, indirect, consequential, or incidental damages. They also must not be liable for any damages whatsoever. This is true whether in an action of contract, negligence or another tort. It covers anything arising out of or in connection with the use of the information given in this article.
Author: Nasar Iqbal, a lawyer in Toronto
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