The Superior Court granted the father shared custody despite criminal charges
In the district of St-Hyacinthe, Mrs. Veronica Vallelonga acquired for her client, the father, interim shared custody of his 2 and 4 year old children. The mother had requested from the Court exclusive custody for herself. The parties had separated following a complaint of the mother against the father, alleging he had committed criminal offences against her.
After this event, the father could no longer communicate with the mother to have access to the children. She claimed she feared for the life and safety of the children, and that granting her exclusive custody guaranteed the status quo that had existed since the separation.
Mrs. Vallelonga pleaded with the Court that the conjugal conflict between the parents had to be distinguished from the parenting ability of the father and his relationship with the children. She submitted texts by experts in the field who maintain that when the relationship between parents is hostile, shared custody is preferable because it prevents parental alienation of the other parent. She also highlighted that the custody practiced by the mother since the separation was not the result of a joint decision by the parties. Therefore maintaining the status quo was not in the best interest of the children in this case. The Judge validated Mrs. Vallelonga’s plea.
Mrs. Vallelonga’s clients do not always win their case. See notice.