Habitual Residence

[notaclue]

My wife walked out Nov 11 taking our 3 daughters.
We lived in a different city for 13 months, before that, Ireland - all 3 are dual citizens.
We lived here only 2 weeks before she left.

She relocated to a city between both cities last week, around the same time that she was substitutionaly served. The shelter moved her.
Children's Aid worker the second time told me to call my lawyer ASAP.

After almost 2 months she went to see a lawyer in the original city.

Now they are trying to move proceedings to there, claiming habitual residence - can i claim that if that is the case, Ireland is, as they lived there for 5 years?

An added complication is that 13 days after they left, immigration arrrested me, acting on a tip off, and issued a removal order (she was about to sponsor me, and knew i was an overstay, with a restoration of status submitted)
My immigration lawyer is filing a stay till the custody issue is resolved.
- best case scenario for me is paying for flights for them during school holidays
Has she violated both mine, AND/OR the children's rights under the Hague Convention?
My lawyer reckons she will be the client from hell over refusing access and the tip-off. the second refusal was Christmas week, so me and the children did not see each other over the holdiay, not since Nov 16.
She is trying to completly remove me from their lives

any info appreciated......

[HammerDad]

I believe they need to live in the city for about 6 months before it can be claimed as being their residence.

Did you file in their original city to begin with?

Ireland will not take jurisdiction here unless they have not been living in Canada for 1 year.

[notaclue]

thats bad on both counts!

Only a few weeks, and lived in canada for over a year

[HammerDad]

thats bad on both counts!

Only a few weeks, and lived in canada for over a year

Then they are ordinarily resident in Canada and thus our courts will have jurisdiction.

Sucks man, and I feel for you. You will have to do what you can to work this through, and should be deported request internet based court time. They have programs like Skype you can use to "attend".

[notaclue]

thanks,
would the fact that she only moved when she got served make any difference with keeping it here, rather than the old city?

It sucks thinking of having to pay her air fare back to Ireland to escort them though...... at least i can leave her at the airport though!

[HammerDad]

thanks,
would the fact that she only moved when she got served make any difference with keeping it here, rather than the old city?

It sucks thinking of having to pay her air fare back to Ireland to escort them though...... at least i can leave her at the airport though!

When they are a little older, look into the air carriers that allow for unaccompanied minors and who has the best provisions.

[notaclue]

they are only 5 & 6, so for the next few years, its gonna be a wet summer for them!
As i am only in Canada 15months, i have a very weak case for H & C grounds too.

Canada is not too concerned about family law when it comes to removing parents and separating children.
Im in Brantford, originally Kitchener (where she saw a lawyer, after 2 months, only when she got served)

[notaclue]

just to give an update:

the mother went to duty councel - rather than submit a lengthly reply to my affidavit, they will sign a consent order on the court date.

bad news is i travel or Orangeville once a week to see them, supervised. its a start at least i suppose.....

[May_May]

notaclue-Not sure if you're read any other posts on here. But if it is one of those supervised centers-apparently they have very little, or nothing for the kids to do. Hit the dollar store, bring crafts, bring paper-crayons...anything you can to show you are a dedicated father, and to help the time pass !...
If you can even one of those little picture albums from the dollar store and put some pictures of yourself and them inside it (don't worry if your ex tosses it), it's the effort that will matter, and at some point your children will remember/know that if you keep it up.
Good luck

[notaclue]

thanks May,
i did that at christmas, but i dont think the girls were given them, or that all the presents were from me.
She is trying/tried to completly remove me from their lives - obvioulsly by the call to immigration.
i already picked up make-up things for them, they will love them.
I was told that if they DON'T get all excited when they see me, it will reflect worse on the mother than me.
as soon as they see me, they will start to ask about me, and she will be denying them of me, just 2 hours a week (weather permitting).

Its the centre in Orangeville, i thought they were in Cambridge/Kitchener. this case is going to get very, very messy - and the side-show will be the deportation of the children's father - by her act presumably.

at the moment, she is comming out worse, as i am 2 months sober, the cause of all this was my drinking - whereas she may have moved on, emotionally and geographically, but she has still denied supervised access twice, as recommended by Children's Aid.
just a side issue - will she have to help pay the air-fare for trips to Ireland, or is it all me, including her? - she will be left standing in the arrivals terminal either way, she can do a Tom Hanks for the time for all i care!!

[notaclue]

this is where they offered:
it is better i travel rather than the girls on a weekday,
it might take a few weeks to orgainise too, so it will probably be mid-week, so less of a wait. No idea about the cost they are talking about

Related Sites - Dufferin CAFS

[May_May]

notaclue...

you might want to read through this post...I'm sure there are others. This might offer some great advice for you while at the center

http://www.ottawadivorce.com/forum/f...er-work-10928/

[notaclue]

thanks again maymay,
interesting, although not happy about the wait time!!