My partner is physically and emotionally abusive and I want to leave. Can I still get custody of my children and support in Nova Scotia?

Abuse is NOT Your Fault

If you are experiencing any form of abuse from a partner, you should know that it is not your fault. If you wish to leave an abusive relationship in Nova Scotia, it’s important to know that your ability to have custody of your children and your entitlement to spousal and/or child support are not affected by the fact that you have experienced abuse.

Transition Houses are a Good First Step

Transitions houses in Nova Scotia are a good first stopping point for those experiencing abuse. The staff at these transition houses are experienced in helping people make plans to leave, or to make staying easier and safer. They can also help you apply for an Emergency Protection Order and connect you with a lawyer to discuss your case.

You Don’t have to Disclose Your Contact Information to the Abuser

If you have left your abusive partner, and you are concerned about your safety during the legal process, you are able to indicate this to a Nova Scotia court with your application, but specific procedures need to be done if you want to avoid having your abuser have your contact information. If you have an Emergency Protection Order or Peace Bond preventing contact by your ex-partner, it is important to let the court know about that order and when it expires.

Abuse does not Affect Entitlement to Support Payments

Every case is different and a variety of factors help a court decide things like custody and parenting time. Speaking with a lawyer can help you understand your rights. In Nova Scotia child support is decided depending on the income of the parent that does not have primary care, and factors such as abuse do not affect either child support or spousal support.

By: Anastacia DesLauriers – Lawyer

Have Questions For Us?:

If you have any questions about Family Matters you can call us at (902) 826-3070 or email us at info@highlanderlaw.ca to set up a meeting with one of our lawyers at our Tantallon law firm. You can also schedule a no commitment Family Matters Consult for $500+HST where you have the opportunity to explain your situation to a lawyer and get basic advice, including a written summary, before deciding whether or not you'd like to retain us.

The information and materials on this blog are provided for general informational purposes only and are not intended to be legal advice. Nothing contained on this blog is legal advice or constitutes a legal opinion. While it is our goal to provide information which is current, legislative changes and court decisions, among other matters, may result in some information no longer being current or accurate. You should consult a lawyer before relying on any information. The views expressed herein by individual contributing lawyers posting entries to the blog are solely those of the authors and should not necessarily be attributed to or considered representative of the firm of Highlander Law Group Lawyers