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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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  #21 (permalink)  
Old 04-16-2014, 01:03 PM
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Agree with Mother...as we live close to the US border we take day trips to Buffalo regularly, trips down south etc. I do have proper documentation however its rarely asked for. I asked once if they wanted to see custody papers and they said sure. I proceeded to ask the reasoning for it because if I was abducting my child...why would I bring her back into Canada. it doesnt make sense to me not to be asked for it on the way out. Unfortunately the CBSA agent didnt feel like answering and instead brought us inside for almost 2 hours, searched the car etc.
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  #22 (permalink)  
Old 04-16-2014, 01:23 PM
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Quote:
Originally Posted by takeontheworld View Post
Agree with Mother...as we live close to the US border we take day trips to Buffalo regularly, trips down south etc. I do have proper documentation however its rarely asked for. I asked once if they wanted to see custody papers and they said sure. I proceeded to ask the reasoning for it because if I was abducting my child...why would I bring her back into Canada. it doesnt make sense to me not to be asked for it on the way out. Unfortunately the CBSA agent didnt feel like answering and instead brought us inside for almost 2 hours, searched the car etc.
I hope you learned a valuable lesson.

When dealing with Police, CBSA etc., be polite and civil and provide whatever they ask for. Do not question their motives, their judgement. No good can come from it and they can make your life difficult.

I once crossed the border at Sarnia in a car. I was picking up some friends in Michigan and we were going to share driving down to Louisville for a weekend technology conference. I didn't bring a laptop. They asked me where I was going, asked for my laptop. They didn't accept that I didn't have one, so I was pulled over for a special search. They went through my van with a fine tooth comb for 30 minutes.
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  #23 (permalink)  
Old 04-16-2014, 02:36 PM
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I was being very cooperative. I wasnt trying to be a smart ass at all. The agent was asking a lot of questions about custody and my ex and his status in Canada but at no time was I asked for any papers, which is why I asked if he wanted to see.
I think I asked a rather interesting question...one he seemed unable to answer.
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  #24 (permalink)  
Old 04-16-2014, 02:39 PM
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Originally Posted by takeontheworld View Post
I was being very cooperative. I wasnt trying to be a smart ass at all. The agent was asking a lot of questions about custody and my ex and his status in Canada but at no time was I asked for any papers, which is why I asked if he wanted to see.
I think I asked a rather interesting question...one he seemed unable to answer.
Dude, you don't get it. Put yourself in his position. You challenged his competency. That was being a smart ass.
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  #25 (permalink)  
Old 04-16-2014, 04:23 PM
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I asked a legitimate question that he couldnt or didnt know how to answer.
They arent dictators and my question was valid. If someone is genuinely going to abduct a child internationally it seems pretty easy to do. So why not have something in place? If you are only asked for it upon re entry theres not really any point.
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Old 04-16-2014, 04:28 PM
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It is unfortunate the border agent did not answer the reasonable question reasonably, or just acknowledge they did not know the answer.


It is very unfortunate that documation for children exiting Canada is not checked before an adult is allowed to take the child out of the country. Along with how toothless many nations are around enforcing the Hague Convention, the present routine is an invitation for international child abduction.
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Old 04-16-2014, 04:39 PM
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Quote:
Originally Posted by takeontheworld View Post
I asked a legitimate question that he couldnt or didnt know how to answer.
They arent dictators and my question was valid. If someone is genuinely going to abduct a child internationally it seems pretty easy to do. So why not have something in place? If you are only asked for it upon re entry theres not really any point.
And he has the power to interrupt your trip and detain you for any reason he likes.

This is a kind of question you can ask on the phone after the trip is over, or before you go.

But when the agent is in front of you, and it isn't a policy he wrote, and he may not be current on it, don't ask. You could face his/her wrath, and get no benefit.
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Old 04-18-2014, 07:06 PM
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Quote:
Originally Posted by Gilligan View Post
Time is of the essence in these cases. You have to file an emergency motion to have the child brought back. The longer your ex establishes a status quo, the worse the outcome could be for you. Good luck!
I read all of Tayken's case laws, etc and I thought it best to see if the ex was willing to cooperate first, have evidence of denied access and a CC date. All of which I've done. I didn't scurry right in to an EM. Im going to file and serve the other party on the 28th. I've given her over 2 months now. The question is .. will it work?

1. Abduction while I was at work on the basis of false allegations of the regular textbook accusations I think every lawyer has as a template n their computer (abuse, drinking, etc). Complete BS.

2. Emotional harm on child (being ripped away from everything she loved and knew and alienating her from me and the rest of her extended family whom she loved so dearly).

Is this enough? She's also said in past arguments "Judges don't give little girls to their fathers" and "all I have to do is pick up this phone, call the cops and say whatever I want, you'll never see your daughter again".

She said these things in minor verbal disputes but its will be seen as all he said she said. But the other 2 points should go right? I waited this long to see if she was willing to be human and cooperate .. not because I liked or agreed to the situation.
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  #29 (permalink)  
Old 04-20-2014, 05:33 PM
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Wanted to see if ex would cooperate and vome to an agreement, give access, agree to mediation, etc. So far shes ignored everything. My cc is on may 22. Is it too laye to get an EM, served on the April 22nd and court date for april 29th? Emergency? Midnight move, losing father daughter bond, emotional harm on child from being unilatetally removed from everything familiar including my whole extended family whom she was extremely close to. If this isnt child abuse I don't know what is.
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Old 04-21-2014, 05:26 PM
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Emergency Motions are a risky business, I would do an urgent motion and give the other side 7 days notice to respond, always frame a motion before a CC with respect to the child. and how it is perceived from the childs perspective.

I was successful with an urgent motion before my first appearance, and before she even filed an answer. To have access restored back to equal shared.
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