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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 09-11-2009, 06:56 PM
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Default canadian citizens in us divorce and relocate to canada 91109

Hello,

we (I, my wife and 7 yrs old daughter, all canadian citizens) moved from Ontario to US in 2005 for what I thought at that time to be a 3 year only work assignment at my wife's company. I found and held a job too here, but after the 3 years I wanted us to return back to Canada.

I tried to convince my wife ever since 2008 to make the move back as a family but she is resisting the idea and she wants to stay in US indefinitely.

This conflict eroded our relationship and I sold the house we had in Canada in 2008 to make her realize I'm serious about this. Now I'm considering filing for divorce and move back to Canada.

I'd like to know if I have the law on my side to get the child back there. If no please suggest what options I may have (6 months splits or alikes.. )

Also I'd like to know where can/should I file for divorce? In US or Canada?

We're all Canadian citizens, I'm not sure what jurisdiction US government has over us and I think I may have better chances to get this to a Canadian court.

Could I just drive back to Canada with the child and resolve the matter there?

Thanks for your advice!
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Old 09-11-2009, 07:13 PM
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us state is illinois
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Old 09-11-2009, 07:19 PM
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I wouldn't just take the child and drive to Canada, that might be construed as parental abduction.

If you get charged with that, it would take YEARS of litigation beofre you would have any chance to take the child out of the US again, or away from the other parent unsupervised.
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Old 09-11-2009, 07:48 PM
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thanks, i know it sounds extreme but i need to finish this..
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