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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 01-07-2017, 03:14 PM
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Default Advice when other parent threatens abduction to another country

This is not for me (it's been years since I've been here
A friend in Alberta has two girls born outside Canada. Both under 5. The father is telling them about a plane ride and has made threats in the past to take them back to the country they were born in.
Their passports are from that country.
Is there any way she can create a flag in the system to prevent the girls from easily being taken from Canada.
The country involved is not cooperative with females, especially foreign born.
I will pass along whatever info and advice you can provide.
Thanks
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Old 01-07-2017, 03:22 PM
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Who has legal custody? or.... did she abduct the children and flee to Canada?
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Old 01-07-2017, 06:04 PM
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Is there a court order? What does it say about travel? Does the father have passport? He cannot apply for Canadian passport without mom's consent, unless he get's a court order.

The court will take what she says the children said with a grain salt, you need independent evidence that the father has plans to abduct the children, you can't just say "my children said their father is taking them to Dubai". The judge will laugh in your face, unless the father has some sort of a criminal record, otherwise, he is in good character and you are just trying to give him a hard time.

Last edited by trinton; 01-07-2017 at 06:08 PM.
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Old 01-07-2017, 06:18 PM
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why would the children not have Canadian passports? That is why I asked if the mother had perhaps abducted the children and brought them to Canada?

Need more information.
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Old 01-07-2017, 06:26 PM
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Quote:
Originally Posted by arabian View Post
why would the children not have Canadian passports? That is why I asked if the mother had perhaps abducted the children and brought them to Canada?

Need more information.
We just don't know that. We know they are born from another country, are under 5, and are in Canada, and apparently, the father want's to take them back to the home country.

The passport could be in the mom's hand, or could be expired. We don't know. If there is no passport, they won't let them out of the country. If there is passport, then that is a different story.

If there is a court order, she could just phone the Police and say she fears that he will take the children out of the country without her knowledge or consent, and they may flag his name and question him at the airport. If there is no court order, the airport will let him go. They didn't even ask me for a travel consent when I travelled, just the passport and airplane ticket.
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Old 01-07-2017, 06:34 PM
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Do the children have Canadian citizenship?
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Old 01-07-2017, 07:09 PM
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There are passports in the girls names in the country of birth because that is where they were born. Mom is Canadian and the whole family moved here after the kids were born. I am not sure if there is an agreement not to get Canadian passports but even if she tried she would need dad's consent. They are Canadian citizens
There is no international travel with written consent of both parents. However she is worried dad will have girlfriend impersonate mom. Its possible.
Not sure of legal custody. Girls live with mom with weekend access by dad.
I'm just asking if anyone knows how to have this flagged at the security level or something. He would travel on a foreign passport and the girls too.
Thanks for advice so far

Last edited by billiechic; 01-07-2017 at 07:13 PM.
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Old 01-07-2017, 07:15 PM
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you didn't answer Arabians question, are the girls Canadian citizens?

If they are, there is no way in hell the airport would allow them to fly out of Canada without a Canadian passport - their return would be impossible.
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Old 01-07-2017, 07:19 PM
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Hopefully the mother has some documentation (health care) for children.

here is information which your friend has likely already accessed?
I am Canadian. My children were born outside Canada. Are they Canadian?

After all the children's documentation is in order then she should talk to a lawyer and consider a restraining order preventing father removing the children without her prior consent.

Last edited by arabian; 01-07-2017 at 07:24 PM.
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Old 01-07-2017, 07:28 PM
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Good advice Arabian. I will pass that along.
Yes these are 2 kids being raised Canadian in every sense. Of course there are health and school records for both.
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