Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Closed Thread
 
LinkBack Thread Tools
  #1 (permalink)  
Old 09-19-2008, 10:23 AM
Junior Member
 
Join Date: Nov 2005
Location: Connecticut
Posts: 4
haggisonline is on a distinguished road
Default USA Vs Canada

Sent post back in 2005 when I first found out that my wife was having an affair with her boss. It has been almost three years of hell dragging through the USA courts trying to get this resolved. We moved in 2005 to Connecticut from Canada based on the fact that my wife had received a promotion. Within two months of making the move I found out that the whole thing was a setup and she was planning to dump me in the USA. Even though the children and I had stated that we didn’t want to move to the USA, we made the move as a family. I tried to file for divorce right away but had to wait 1 year and 3 months just to get started due to residency requirements. I couldn’t return to Canada as we have two children and needed to work out an arrangement.
Everyone here (lawyers, children's services - they got involved once I stated that I was returning to Canada) keeps telling me to forget returning to Canada as the USA courts will not allow it. We are all Canadian citizens. My son (14) and daughter (8) have stated since the beginning that they want to come home. They even have their own court assigned attorney to whom they have expressed their wish to return with their father. All our family and friends are in Canada. There is no reason to remain here, except the mother wants to be near her boyfriend.
I have been the primary care giver since 2002, have a hearing disability and cannot afford health care here (even with insurance).
I have supplied countless reports to my attorney showing that Canada is superior to the USA in education, healthcare and safety. I have contacted the Canadian government but they just hide their heads in the sand.
I do not understand how the USA can detain Canadian citizens against their wishes, regardless of the fact that the mother resides in the USA. I have never indicated that I would prevent them from ever having access to the mother and would be only to happy for them to spend the majority of their vacation time with her.
Within the last couple of months I brought my children home for a vacation. My son threatened to shred or lose his green card to prevent me taking him back to the USA. He approached friends and asked to stay with them until I can get back legally. Right up to the drive to the border I considered throwing the green cards in the garbage were they belong.
In the event that a US court refuses to allow us to return to Canada, what would happen if I was legally in Canada with the children and immediately went to a Canadian court to prevent them from being taken back to the USA against their wills?
Thanks!
  #2 (permalink)  
Old 09-19-2008, 10:31 AM
Moderator
 
Join Date: Oct 2005
Location: Ontario
Posts: 3,943
logicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura about
Send a message via Yahoo to logicalvelocity
Default

If your a canadain citizen, I don't think the US courts could stop you from returning to Canada.
  #3 (permalink)  
Old 09-22-2008, 09:28 AM
Junior Member
 
Join Date: Nov 2005
Location: Connecticut
Posts: 4
haggisonline is on a distinguished road
Default

We are all Canadian citizens. That's what I don't understand. I'm constantly informed that the US judges will not allow the children to be removed from Connecticut. My son (14) has stated that he is returning to Canada.
I do not want to create an legal problem for myself if we come home for a visit and remain. I want to find out if I go to court immediately, could I file for an order preventing the US detaining the children if they return to visit their mother?
Thanks!
  #4 (permalink)  
Old 09-23-2008, 01:35 AM
Moderator
 
Join Date: Oct 2005
Location: Ontario
Posts: 3,943
logicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura about
Send a message via Yahoo to logicalvelocity
Default

Although everyone concerned is a Canadian Citizen, and as a family all have located to the U.S.A.; I think the proper jurisdiction to hear any issues is where the children currently reside.

A good read in your situation is the Hague Convention of child abduction and International Borders. Both Canada and The U.S.A took part and honour such decree.
Closed Thread


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Revenue Canada wants proof luckyduck Divorce & Family Law 12 09-18-2008 02:00 AM
getting divorced outside of canada mariam2008 Divorce & Family Law 3 08-26-2008 12:52 PM
Mobility clause/access and custody out of province JohnnyV Parenting Issues 12 05-14-2006 08:05 PM
??about support and Canada pension plans Mikesgal Divorce & Family Law 5 03-25-2006 12:49 PM
Residing in US but married in Canada US_Canuck Divorce & Family Law 3 01-13-2006 04:14 PM


All times are GMT -4. The time now is 05:08 AM.