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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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  #11 (permalink)  
Old 01-07-2017, 07:29 PM
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Quote:
Originally Posted by trinton View Post
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.
I know they are Canadian (as they were born here) but they should have identification to corroborate this (Canadian passport). We're talking about border agents and some of them aren't that bright. A woman posing as the mother with 2 young children (all with foreign passports) probably would not raise an alarm. I don't know if a judge can order the father to surrender the children's foreign passports? Is that even legal? I have no idea.
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Old 01-07-2017, 07:31 PM
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Quote:
Originally Posted by arabian View Post
I know they are Canadian (as they were born here) but they should have identification to corroborate this (Canadian passport). We're talking about border agents and some of them aren't that bright. A woman posing as the mother with 2 young children (all with foreign passports) probably would not raise an alarm. I don't know if a judge can order the father to surrender the children's foreign passports? Is that even legal? I have no idea.
OP said children are born outside of Canada.
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Old 01-07-2017, 07:36 PM
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Originally Posted by arabian View Post
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.
that's a restraining order motion that would fail. She would have to prove on a balance of probabilities that there is a risk of the father moving the children out of jurisdiction. If it is a fact that the children don't have a Canadian passport , then that would be enough to fail that motion.
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Old 01-07-2017, 07:42 PM
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Interesting.

Who the heck would get involved with someone from one of "those" countries and have children with them? Didn't they watch the movie starring Sally Field "not without my daughter"?

Women not allowed to drive, covered up all the time and subservient to men? Fortunately that is not the Canadian way.
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Old 01-07-2017, 07:50 PM
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Originally Posted by arabian View Post
Interesting.

Who the heck would get involved with someone from one of "those" countries and have children with them? Didn't they watch the movie starring Sally Field "not without my daughter"?

Women not allowed to drive, covered up all the time and subservient to men? Fortunately that is not the Canadian way.
stop the racism. Canadians don't discriminate, remember?

Do you think that man agrees with the laws of his country if he's moved with his children to Canada? DO you perhaps think that he just wants to take his children back to his native country because he is fed up with the Canadian way of the handling of children's time with the other parent, mainly fathers ?

There are many muslim countries where women aren't fully covered up. But don't forget, family law lawyers are covered up in black robes all the time and Men are subservient to women. The Canadian way.
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Old 01-07-2017, 08:00 PM
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robes in courtroom: http://www.oba.org/en/pdf/sec_news_f...12_bac_gow.pdf


I suggest you put my name on your ignore list if you feel that I am racist. I will never apologize for my belief that women should be treated the same as men. When people move to Canada I expect that they adhere to our traditions and values. That is all.
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Old 01-08-2017, 12:30 AM
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I really don't want a debate of the culture or anyone's opinions about what this woman did wrong. It's not going to help. I am looking for solutions.
The kids have foreign passports. So regardless of whether or not they are Canadian the father can take them out of the country with those passports. I want to know if there is a way to stop him. I will suggest a restraining order but I do not know if there is enough evidence to obtain one. And really how enforceable is it.
I was hoping there was a way to flag the foreign passports or the kids names in the Canadian security check. Any other suggestions?
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Old 01-08-2017, 08:54 AM
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Why not just call the boarder security and ask the question?

I will tell you this though, travelling with children was easy for us. We took my two steps kids (who have my husbands last name) and my youngest brother (who had the same last name as me) to Dominican in 2015... we had all the consent letters and SA with us and not once were we asked for this information by airport security . Not leaving or returning.

Just call the boarder security and ask this question anonymously. Then mom can decide the best course of action.


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Old 01-08-2017, 10:05 AM
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here is a relevant link where your friend can get further information:

https://travel.gc.ca/travelling/publ...ons#preventing
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Old 01-08-2017, 12:23 PM
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Simply put:

If the evidence of the possible abduction is documented in any way, for example, in an email sent to the other parent, then an emergency ex-parte motion is necessary for the non-removal of the children from their habitual residential location and that the children's passports be deposited with the court.

If the evidence is "oral" (spoken only to the parent) then, you need to bring a motion with notice and ask for the same relief as above but, there is a good chance that the other parent will deny ever stating that they will take the children.

The best case you can find on this matter is:

Izyuk v. Bilousov, 2014 ONSC 915 (CanLII)
Date: 2014-02-18
Docket: F2172/09
Citation: Izyuk v. Bilousov, 2014 ONSC 915 (CanLII),
http://canlii.ca/t/g3616

Generally, parents who are going to abduct children do not boast about it. They put their stuff up for sale and do it. There is no signal to the other parent that they make directly.

In the majority of cases where a parent says they are going to take the children they are not going to. Parents who do this do not say a word.

Good Luck!
Tayken
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