How can I win child custody?

Question

My husband always torturing me. Lot of time I thought to seperate from him but I didn't because of my 2 kids (6years, 1year). Lot of time I left from home then I went back. My husband is really a smart guy. if he imagine that if I do something then he will do that immediately eventhough if I didn't. He likes to complaint about others. Everyday nights he started to complaint bla bla bla like that. Its really irritating to me lot. Some days we didn't sleep because of his complaints. If he do continuously then Finally I tried to avoid him and sleep. But he won't let me sleep. One day when my kids and I sleep around 7am he came and shouted on me then he hold my left arm and punched on my chest So I pushed him away. Unfortunately there is a one nail scratch on his left arm. He went to police station and complaint against me. So police charged me and gave my kids to my husband. Finally I got some restiriction that I can't go that house. So through third party I asked my kids that atleast I want to see them but he refused. Then I applied immergency custody unfortunately judge said this is not an immergency custody. Both lawyers have to come with a deal. Finally I got visitation for alternative weekends. Next court date is next month. My husband doesn't know anything what my kids eat or their education or anything. Currently his mother (68years old) is taking care my kids. After 23 days I met my kids last weekends. My 1 year old baby girl didn't move from me. May be she thought I am going to disappear again. My son understand this situation but he asked me why I am staying with my dad long days but with you only short days. In addition he said I told police and social worker that My dad is the one always shouting on my mom. I couldn't answer this. if anyone have idea what I can do my best to get my kids. If anyone know any good family lawyer that they can help on this. (I am living in Ontario)

Answer 1

The only ONLY way to get full custody is to prove the husband is an unfit father. (He can be the most terrible husband in the world, but as long as he's an o.k. father, the court will not deny his right of being in his kids life)

Answer 2

You should have laid a counter charge of assault on him for punching you in the chest. It's not too late, there are no statutes of limitations in Canada. You'll need to get a good lawyer too to fight the charge he has put on you of assault. You can claim battered wife syndrome because he has verbally and physically abused you.

The main thing is you need to prove that he is an unfit parent. Seeing that his mother is looking after them, it shows that he is not. You could also involve CAS and mention that he was abusive to you and you fear for the kids. They will investigate because they have to. Your 6 yr old will be able to tell them what's going on and you could use the case workers finding in court for custody and your defense.