How Can I Protect Myself and My Children During Separation?

FAQs

How Can I Protect Myself and My Children If I Fear for Our Safety During a Separation?

If you fear for your safety or that of your children during a separation, there are legal protections and practical measures available in British Columbia. The Family Law Act (FLA) and other provincial laws prioritize the safety and well-being of individuals experiencing family violence.

Steps to Protect Yourself and Your Children

1. Apply for a Protection Order

A protection order is a court order designed to safeguard you and your children by:

  • Prohibiting your partner from contacting or approaching you, your home, or your children’s school.
  • Restricting your partner’s access to shared spaces or property.

Violating a protection order is a criminal offense and enforceable by police.

2. Request Exclusive Possession of the Family Home

  • If living together increases the risk of harm, apply for an exclusive possession order to secure sole access to the family home.
  • This prevents your spouse or partner from entering the property, even if they co-own or co-rent it.

3. Seek Temporary Parenting Arrangements

Request temporary court orders to:

  • Assign sole decision-making responsibilities for the children to you.
  • Limit or supervise the other parent’s parenting time to ensure the children’s safety.

Courts prioritize the best interests of the child, including their physical and emotional safety.

4. File for Interim Spousal and Child Support

  • Apply for temporary financial support if you are dependent on your partner’s income.
  • This ensures financial stability while legal proceedings continue.

5. Restrict Access to Assets

  • Freeze joint accounts or file a Certificate of Pending Litigation (CPL) to prevent the sale or transfer of shared property during the separation process.

6. Involve Law Enforcement

  • If you or your children are in immediate danger, call 911. Police can remove the abusive partner from the home and assist with emergency protection orders.

Practical Safety Measures

Create a Safety Plan

Work with local support services or shelters to develop a plan, including:

  • Safe exits from your home.
  • Emergency contacts (police, family, friends).
  • Secure storage for important documents (passports, birth certificates).

Change Locks and Secure the Home

  • If legally permitted, change the locks or install security systems to prevent unauthorized access.

Inform Schools and Childcare Providers

  • Notify your children’s schools or daycare centers of the situation and provide them with any court orders restricting the other parent’s access.

Limit Communication

  • Use a third party, lawyer, or supervised parenting app to handle communications with your partner to reduce direct contact.

Evidence to Support Legal Protections

To strengthen your case for protection, exclusive possession, or supervised parenting time, provide evidence such as:

  • Police or incident reports.
  • Witness statements or affidavits.
  • Medical or counseling records documenting abuse.
  • Threatening messages or emails from your partner.

Example in a Vancouver Context

A Vancouver mother fears for her and her children’s safety due to her partner’s escalating threats during their separation. She:

  1. Applies for a protection order to restrict her partner from contacting her or approaching the children’s school.
  2. Files for exclusive possession of the family home to provide a stable and secure environment for her children.
  3. Requests a temporary parenting order assigning her sole decision-making responsibilities while allowing supervised visitation for the other parent.
  4. Works with local support services to create a comprehensive safety plan.

Resources for Immediate Support

  1. VictimLink BC: Provides 24/7 support for victims of violence. Call 1-800-563-0808.
  2. BC Housing: Offers safe shelter and transition houses for those escaping abuse.
  3. Family Justice Centres: Provide free legal information and assistance.

Seek Legal Assistance

If you fear for your safety or that of your children during a separation, consult Mills Family Law, experienced Vancouver family lawyers, for immediate legal assistance. We can help you secure court protections and create a plan to safeguard your family. Call us at 778-945-3003 or fill out our web form to get started today.

Related FAQs

For more details, refer to the BC Family Law Act or contact a local shelter for guidance.

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