The following National Spousal Abuse FAQs are provided by the Legal Studies Program.

Funded by the Department of Justice Canada.

Warning: 

The contents of these FAQs are intended as general legal information only. If you have
a personal problem, please consult a lawyer.



I want to leave my abusive husband, but I don't think I can take my children with me until I 
find somewhere for us all to live. If I leave will I lose the right to have the children live with me?


Not necessarily. You can still apply for custody of your children if you leave an abusive 
situation and you should do this as soon as possible. It may be harder to obtain custody 
than if you were to take the children with you. It is not unknown for abusive partners to be 
awarded custody of children because it is difficult to prove the abuse occurred.

If you think your children are in any danger from your husband you should take them when 
you leave. A family lawyer can help you apply for a custody order and financial support 
immediately. If appropriate a judge can order that your partner leave the family home so that 
your children will not then have to leave. A protection order can also be obtained on an 
emergency basis 24 hours a day. You can then go on to deal with custody matters.