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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 06-01-2015, 04:41 PM
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Default mediation for travel

meeting next week with STBX about travel, i want to take my kids to Europe (western) and/or Cuba on vacation, but being accused of wanting to kidnap them......

Any advise here please !? What would a judge say?
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Old 06-01-2015, 05:55 PM
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What would a judge say?
It depends.

What are your ties to Canada? Do you have family or business contacts here? Do you have a Canadian employment history?

What are your ties abroad? Do you have family or business contacts there? Do you have a foreign employment history?

Of what countries are you a citizen?

Do you own real property in Canada?

Do you own real property in other countries?

Are you willing to post a bond into court that would be payable to your ex if you fail to return with the children?

Have you ever threatened to flee Canada to reside overseas with your children, never to return?
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Old 06-01-2015, 06:25 PM
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Originally Posted by OrleansLawyer View Post
What are your ties to Canada? Do you have family or business contacts here? Do you have a Canadian employment history?
own business in Canada, here for 15 years+, good friends

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Originally Posted by OrleansLawyer View Post
What are your ties abroad? Do you have family or business contacts there? Do you have a foreign employment history?
cousins and parents in Europe, no business there, employment there 15 years ago

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Originally Posted by OrleansLawyer View Post
Of what countries are you a citizen?
Netherlands

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Originally Posted by OrleansLawyer View Post
Do you own real property in Canada?
not right now, since the money is in trust account from selling the house

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Originally Posted by OrleansLawyer View Post
Do you own real property in other countries?
no i dont

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Originally Posted by OrleansLawyer View Post
Are you willing to post a bond into court that would be payable to your ex if you fail to return with the children?
like i said, money in trust account, and why is it beneficial to put money in a bond, they cannot be "bought"

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Originally Posted by OrleansLawyer View Post
Have you ever threatened to flee Canada to reside overseas with your children, never to return?
no, i have not
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Old 06-01-2015, 06:30 PM
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why is it beneficial to put money in a bond, they cannot be "bought"
If you are going to Hague Convention countries the money can be a guarantee that they can find litigation to have the children returned.
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Old 06-01-2015, 06:52 PM
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Originally Posted by OrleansLawyer View Post
If you are going to Hague Convention countries the money can be a guarantee that they can find litigation to have the children returned.
thank you, I understand..... makes sense somehow, it is just SAAAAD why things need to be so difficult...... sometimes i think I am in a bad movie,
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Old 06-01-2015, 10:08 PM
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Have you traveled with the kids before? (even if only domestic) and returned them on time, without incident?.

Do your kids have citizenships and/or passports other than Canadian?
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Old 06-02-2015, 09:24 PM
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In my case I have what I think is a genuine fear my wife will leave and not return with the kids. Can you give me your thoughts on my situation...

What are your ties to Canada?
She became a citizen two years ago.


Do you have family or business contacts here?
She has one uncle, no other family or business contacts.

Do you have a Canadian employment history?

Currently unemployed. Ran a small business, some retail jobs in the past. Nothing long term.

What are your ties abroad? Do you have family or business contacts there? Do you have a foreign employment history?

Native to a south American country, many family members run businesses there and has lots of work history there for their firms.

Of what countries are you a citizen?

Native to South American country.

Do you own real property in Canada?

No real property. Currently on welfare.

Do you own real property in other countries?

Has moved approximately $13,000 in cash and it is estimated another $14,000 to bank accounts in this foreign country. The average income annually is only $3k per year. So this represents a 10 year annualized income.

Are you willing to post a bond into court that would be payable to your ex if you fail to return with the children?

Says it will be too expensive to post a bond.

Have you ever threatened to flee Canada to reside overseas with your children, never to return?

She filed a request within her form 8 to permanently move the child to this foreign country and allow father "liberal" access for summers. Has since said she will not move there but now simply wishes to visit.
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