06/03/2014 09:00 EDT | Updated 08/03/2014 05:59 EDT

Father in fatal SUV, Via train collision was in midst of custody battle

ThierryPatenaude-Turcotte, the man killed with his 21-month-old son inside an SUV that collided with a Via train Monday in Saint-Liboire, Que., was in the middle of a custody battle.

Court documents show that court proceedings began in February. 

Patenaude-Turcotte, 42, had his last court appearance 10 days ago and was scheduled to appear back in court June 12.

The court documents do not name the child involved in the custody battle. 

He was also facing criminal charges of assault and uttering death threats against a male individual.

Investigators are looking at the theory Patenaude-Turcotte deliberately drove his SUV into the path of the train— killing himself and his son Nicolas Patenaude.

Sources told CBC that the driver of the SUV used the shoulder of the road to pass several parked cars before stopping on the tracks.

Saint-Liboire’s mayor, Denis Chabot, a first responder who rushed to the scene, said he won't be able to erase the accident from his memory.

“The car was cut in two,” said Chabot, his voice shaking, in an interview with Radio-Canada Monday. "To see the young boy without a pulse and not breathing ... it’s very difficult — especially when it involves a child."

Since the deadly crash, people have been reaching out to the boy's mother on social media.  A friend of the mother set up a Facebook page where people can leave messages of condolence.