3. Get your evidence

What if my partner says they're going to take our child away from me?
This question has an answer and 4 steps
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3. Get your evidence

If you go to court, you need to tell the judge your story.

The judge makes a decision based on a legal test called a "balance of probabilities". This means the judge has to decide whose story, yours or your partner's, is more believable.

It is important to give the judge specific and detailed information about the family violence you have experienced. You want the judge to understand:

  • the pattern of abuse -- how often it happened and what caused it
  • how long it has been going on
  • whether it is getting worse
  • your safety concerns, based on past or current abuse

The judge also needs to know whether your children are safe. You need to tell the judge about:

  • threats your partner has made about your children
  • times your partner has taken and not returned your children
  • how your partner has harmed your children
  • information that shows your partner is planning to leave the country

You should also gather other evidence of the abuse or neglect. There are many types of partner abuse. Your evidence might include:

  • records of 911 calls
  • criminal charges, bail conditions, or terms of probation
  • evidence that your partner did not follow a family court restraining order in the past
  • hospital reports, if you went to the hospital for treatment after an assault
  • photographs of injuries
  • evidence your partner stalked you after you separated
  • emails, letters, text messages, voicemails, or social media posts that shows abuse, violence, control, or harassment
  • documents from a Children's Aid Society that show how they’ve been involved with your family

You can also get other people to give evidence for you, such as:

  • your family doctor, if you talked to them about the abuse
  • your religious leader, if you turned to them for support
  • your employer or co-workers, if they witnessed abuse, violence, or harassment
  • friends, family members, or neighbours, if they witnessed abuse, violence, or harassment
  • school teachers and day care workers, if your children spoke about or showed signs of abuse at home
  • shelter workers, therapists, or counsellors, if they have helped you

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Love is Respect
Reviewed: August 31, 2017

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