order as 36 - Sunday, October 11, 1992 - North Shere News LIFESTYLES Wife abuses husband and children 1 CAME te this country from -France seven years ago with my husband and two children, aged four and six. Family Affairs KIRSTIE HUGH MACLISE STARK I was married to my husband in ~ France 12 years ago. He was orig- inally from Germany. We came to British Columbia 22 years ago as s result of my husband’s . employment. Three months ago my husband and I separated, I continue te tive in the same rented townhouse with the childrea in which we lived prior to the separation. There is no agreement or court to .my receiving maintenance or having custody of the children. Despite his physically brutal - treatment of me. during the last two’ years, he has made regular paymenis into our joint benk ac- * count to allow us fo survive eco- nomically and has visited the . children approximately one even- Ing per week. Tam extremely lonely and wish to retum to France where my mother, . father, brothers aud sisters live. My brothers and sisters. are all married and have children. 1 know that if I return to France I will be sble to obtain good employment at a better pay rate than I am presently receiving in British Columbia. : Can I just leave the country without my husband's cousert and return to France? Both my hus- band and myself, and our two children, are now Canadian citi- zens. In all likelihood you would not be able to get back into France with your children (unless they are on your passport) without having either the consent of your hus- band to their transport to France or an Order of the Supreme Court of British Columbia granting you custody and authorizing the children’s removal from this jurisdiction. couver, and the financial and emotional support of your family in France, would encourage a court to ,cant an order in your favor. It is, however, a decision that is at the discretion of the trial judge. I have been married for 15 years to 2 woman who in the Jast three years has become violent towards me and is verbally abusive to the children at times. Prior to our marriage, I under- stand, my wife was hospitalized in a psychiatric ward of one of the area hospitais. Since our. marriage, and as 46 In addition to reviewing your wife’s mental health records, the psychologist could test everyone psychologically, including the children, and ascertain the impact your wife's behavior is having on the children. 39 We assume, because of your teference to your husband's brutal assault upon you, that you are fearful of even asking for his ap- proval for you to return to France to live with the children. You should not try to remove the children without obtaining his agreement or a court order. If his agreement cannot be ob- tained, then you should attend on a lawyer and have him or her commence proceedings in the _Supreme Coust pursuant to the provisions of the Family Relations Act to give you custody and to have the court authorize the children’s removal from the jurisdiction. Certainly, such evidence as his brutality to you, your fear of him and the fact that you have very little emotional support in Van- recently as 142 years ago, she was hospitalized for a period of two months. Six months ago we separated as 1 could no longer stand her behavior towards me. I might add that while she was in public, or if we had someone into the home, which was rare, she. would be very normal and in fact you might describe her as somewhat outgoing. When alone in the home with me or with the children and me, that behavior would chenge and be entirely dif- fereni from the image that she was projecting to the outside word. I left the home simply because my wife would not leave and I did not want to subject my children to the type of accommodation in which I have had to reside since I A Sensational Opportunity for Value Minded Home Buyers. THE HOME PURCHASE At Thompson & Elliott, we understand that your home is probably the most important purchase you’ll ever make. It represents a longterm commitment, a large investment - and the quality of your lifestyle it has to be done right. That’s why we've developed the Home Purchase Legal Plan - an affordable Title LEGAL PLA Transfer service which covers routine title transfer and mortgage preparation for your lender ‘Thompso 800 - 1285 West Broadway, Vancouver, British Columbia V6H 3X8 Telephone 731-1161 Fax 731-6527 (any Bank, Trust Company or credit Union). Since 1975 our firm has helped thousands of home-buyers complete the purchase of their homes. 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In addition, your lawyer can apply to court to have your wife examined by a psychiatrist, nor- maily of your choice, so that that evidence can be used as well at the trial. We say normaily, because it is at the discretion of the court as to which expert, such as the par- ticular psychiatrist, is appointed to do an examination. It may be more helpful, howev- er, to gain the mental health. re- cords of your wife and then apply to the court to have an investiga- tion done by a qualified psychologist as to the matter of custody, pursuant to section 15 of the Family Relations Act. In addition to reviewing your oinus | before 6pm Or Our Early Rewards Menu offers you a choice of Steak, Prime Rib, Chicken or Shrimp dinners and includes ourall-you-can-eat Salad Bar for just Salad Bar included So come in early, and be well-rewarded. 29 984-3534 Available at participating locations wife’s mental health records, the psychologist could test everyone psychologically, including the children, and ascertain the irspact your wife’s behavior is having on the children. The matters discussed in this column are for general informa- tion only. If you have matrimonial prob- lems you should seek legal advice so that your adviser can assess your particuiar circumstances an " give you the best advice. : Questions about family law and estates can be directed to Stark & MacLise c/o Family Affairs, North Shore News, 1139 Lonsdale Avenue, North Vancouver V7M 2H4, : FU}] ORIENTAL HEALING ARTS TRADITIONAL JAPANESE . 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