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Parenting Issues This forum is for discussing any of the parenting issues involved in your divorce, including parenting of step-children.

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  #11 (permalink)  
Old 09-01-2017, 10:41 AM
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This very much sounds like she's fleeing. In a courtroom, I believe you would have enough to convince a judge that your concerns are valid. Do not hand the child over until you have documented details of their return. I'm also curious about school.
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Old 09-01-2017, 12:02 PM
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I wouldn't be too concerned with her fleeing. She'll be in Canada and nowhere far. Your concerns are valid but you still haven't told us what your order says. It is usually something along lines of,
must inform you 30 days before travel, must give you full itinerary, can't be more than 7 days, etc.

If she doesn't comply with the order, and you don't agree with the travel, and if she flees and takes longer than 7 days then you motion to find her in contempt so it doesn't happen again, or if she doesn't return at all, then you file an emergency motion and bring her back with the assistance of the Police/Cas.

If she wants to flee, she will flee, if you keep the child and don't return her, you would still have to return at some point, at which point she could still flee. She could also file a motion to find you in contempt for denying access - highly doubt you would be found in contempt - but she would be given makeup access.

I had to travel before, and sometimes you just don't know when you will return and will want to stay longer than 7 days, it doesn't mean you won't come back, it just means you don't have that information yet.

I personally would let her go, and if she screws up, then I will use that as an opportunity to vigorously seek sole custody and limit her access.

Last edited by trinton; 09-01-2017 at 12:09 PM.
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  #13 (permalink)  
Old 09-08-2017, 01:17 PM
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Questions to ask yourself:

1. Is the travel outside the country?
2. If yes, which country? (Ones that should be an automatic NO: Japan, Brazil, Eastern Europe (Poland, etc...), Middle East, etc...)

Ultimately, it is very hard to "abduct" a child within the borders of Canada. The CND courts will return children to their habitual residential location if you don't wait 6+ months to take something to court to dispute it.

Good Luck!
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Old 09-08-2017, 05:03 PM
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What was the outcome of this? Did the child end up going?


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Old 09-11-2017, 02:42 PM
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I let him go on the vacation in trying to think what's best for him. She booked the return flight 3 days ago and flew back home last night at 11PM. So I am relieved that he came back.

My concern was she had mentioned previously she that wanted to move to Ontario, but she came home. That is a relief that there is was intention of moving him there this time.

Is it unreasonable next time to ask for a full itinerary including to and return flights in a court order? This is not the first time she went on vacation is and arbitrarily decides on when she comes back even though the order states only 7 days? There's nothing I can do about that right outside of saying follow the order?

Yes, thats good to know that it's hard to abduct within Canada!

I completely agree that missing the first week of Grade 1 makes no sense...but this is what I have to deal with. So just have to make sure we do homework for him to catch up.
thank you all for your responses.

Last edited by FirstTimer; 09-11-2017 at 02:48 PM.
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  #16 (permalink)  
Old 09-15-2017, 01:51 AM
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I wouldnt worry too much about homework the first week of grade one. They aare really doing much. It is more the social aspect that is important to not miss. He is brand new now, and the rest of the kids are settled in and know the routines
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