Ask a Lawyer: Family Law / Divorce

Ask a Lawyer is a public chat forum, where you can ask lawyers for very general information. Because it is public, your questions, comments, and responses are not confidential. Please contact a lawyer in our Directory directly if you need a private opinion about your specific circumstances.

Back to Family Law / Divorce

Can my ex wife charge me with trespassing if my 18 daughter has asked me to come get her

Wes melanchuk (Cold lake)

0 5 months ago

Anonymous Lawyer (Calgary)
   Verified Lawyer

An Act of Trespass

"(i) The Scope of Interference

Trespass to land consists of entering upon the land of another without lawful justification.... Such interference must be direct rather than consequential. To constitute trespass the defendant must in some direct way interfere with land possessed by the plaintiff. The requirement of directness differentiates trespass from nuisance, which is committed when the defendant makes a use of his land that indirectly affects the land of the plaintiff.

. . . . .

Various kinds of conduct have been declared by courts to be trespass to land. Entering on the land without permission or under some lawful authority, such as a warrant properly issued, is the most obvious.


1 5 months ago

Anonymous Lawyer (Calgary)
   Verified Lawyer

Source: Costello v. Calgary (City), 1995 CanLII 9302 (AB KB)

1 5 months ago

Anonymous Lawyer (Edmonton)
   Verified Lawyer

If you're not on their property, just on the road outside, then that's not trespassing. Depending on the context she could apply for a restraining order though, for example if you were driving by the house often or there was a history of family violence.

0 5 months ago

You must log in or sign up to reply to conversations.










© 2021 to 2024 Alberta Legal Coaches and Limited Services Society.

DISCLAIMER: The information herein is not legal, tax, or accounting advice or opinions. This website contains content and files submitted by third parties, to which you download or view at your own risk. The Alberta Legal Coaches and Limited Services Society is merely a directory, it is not responsible for the actions or omissions of the lawyers listed in its directory. By using this website, you agree to release the Alberta Legal Coaches and Limited Services Society, its agents, employees, and directors from all present and future claims and liability, including liability arising from any negligence.

View full Terms & Conditions and Privacy Policy