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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 11-22-2005, 11:53 AM
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I found out that my wife has been having an affair with her boss for the last year and a half or so. I have emails taken from her laptop confirming the affair.
Complication is that we just moved to Connecticut four months ago from Ontario with our two children - 11 years and 5 years. She had obtained a new job and is on an L1 visa. I'm the stay at home dad. She is not going to give up the affair as far as I can tell. I'm sure that I'm being setup.

Can I take my children back to Ontario and obtain custody? They have no legal status in the USA at this point.
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Old 11-22-2005, 08:31 PM
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Hmm... That is complicated. You say she is having an affair but you just moved to Conneticut for her job. Did her boss move as well or are they now seperated at least by distance?

I don't know what previous job experience and skills you have, but if it seems like this is destined for disaster and you can't make it work for the kids, you need to start setting the ground work for you being able to support yourself and your children if necessary. Might want to play it cool for a bit until you get yourself into a better position... But not being you and in your situation that is easy advice to give.

I would be careful with trying to take the children back to Canada. I think such a move without consulting an attorney could be a huge mistake.
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Old 11-24-2005, 10:25 PM
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Officially the children are Canadian citizens along with you and your spouse.

All court dealings are generally where the children reside and under the circumstances this would be Ontario.

Incidents of custody and access are determined in Ontario under the following staute: Childrens law Reform Act.

http://www.e-laws.gov.on.ca/DBLaws/S...sh/90c12_e.htm

Both parents are equally entitled to custody, and is usually determined using the best interest test. It appears that you are the primary caregiver.

If you have no real ties in the USA, I don't see why you can't take the children with you back to Ontario. It is most likely that your spouse has other things on her mind, such as her employment and other relationship.
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Old 11-28-2005, 10:49 AM
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I thought they said they were in Connecticut?

When you say where they reside do you mean citzenship?
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Old 11-28-2005, 08:29 PM
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Lammie,

I suspect they are still canadian citizens. They have only been down south 4 months.

Court proceedings are generally where the children reside and have generally been raised for the majority of their life. They may reside in the states currently but their home base would definitley be in Ontario due to the limited time and they have yet to become citizens of the USA. Takes a few years to become citizens of another country.
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