Can my common-law partner kick me out, change the locks and keep our kids inside our home?

That is a terrible situation. It sounds like you will have to take steps right away to protect yourself, your children and your legal rights.

With regard to getting back in the house, your rights are very limited in a common-law relationship. You basically only have rights as a “border” in the home.

With regard to your children, your rights are much more complicated. But, it is not acceptable for your partner to just cut you off from them – by changing the locks or otherwise. A parent does not get to unilaterally decide to keep the children. If the parents cannot decide who will have custody of the children, then a judge (or family arbitrator) must decide.

This page provides a bit of information on what to do if one parent won’t let the other see the children. However, in a situation where one parent kicks out the other to keep the kids, you are going to need to speak to a lawyer and get to court quickly before your partner does anything else that is impulsive. However, a lawyer can really help put together a case that will convince a judge that your daughters should be with you – and right away. Toronto Family Lawyer, John Schuman, and his team have successfully dealt with many emergency child custody situations. To contact him, call the phone number at the top of the page, or use the form below.

You can learn about how Ontario Family Law applies to you, how the Family Court System works and how to advance a child custody case, pick up a copy of this easy-to-understand best-selling book on Ontario Family Law. It will give you an understanding of how the law works in general and has lots of tips to help you win your family court case.

If you have found this page helpful, or if you know someone who needs the important family law information on this page, please feel free to share it on your social network using the buttons below. If you would like to comment on this page, please use the form below.

John Schuman Guide to the Basics of Ontario Family Law book cover

You can get a lot more information about Ontario Family Law issues, including a comprehensive explanation of parenting cases (parenting time and decision making), child support, spousal support, property division, and most other common family law issues by downloading this $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone or ordering it from Amazon as a paperback. But to understand how the law works precisely in your situation, it is always best to speak to a good Family Law Lawyer.

To comment on this article, or to contact John Schuman, please use the form below.

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