Separating from my husband how this affect my rights here in Canada

[mee]

Hello
I need advice
i came here to Canada with my husband, he got a job here when we arrived i applied and i got a open work permit attached to his work permit but our marriage is not working and we have a canadian baby can I take my baby with me to go back home? what is the law here in Canada gives me the custody of my baby? or what are my chances he threats me saying that he will fight the custody and he will keep my baby away from me my baby is all I have I love him with all my heart so i cannot accept his threats please can someone advice me?
and if i want to remain in canada how can i not being attached to his visa please i need help and where an immigrant like me can get advice from a lawyer or organization i can ask for help?
Thanks a lot

 

[canadahelp7]

Did you go to canada as a landed immigrant ? If yes, there is nothing to worry - just move on with your life and try to resolve among yourselves the custodian of your child. If not, it will have to proceed legally.

From your post, I doubt if you have a PR as it implies that your partner was on WP. Then you are tied down to his application so if you are able to switch to another category i.e via FSW, WP, PNP route then I would highly recommend it so you can have a base in the country without depending on your partner.

All the best !

 

[Leon]

You can try looking for legal aid or womens centres in your area. If you are still married or already separated but custody has not been decided, it is assumed you have joint custody which means that you can not take the baby out of Canada without your husbands permission. Having separated from your husband, I believe your work permit may still be valid as you haven't divorced him yet but if you do, you will be out of status. This puts you in a difficult situation as you may have to leave Canada and can not take your baby without his permission.