Children

[looloo]

Hello

I am asking on behalf of a family member who is having marital problems.

This person has been married for less than 8 years and has 2 kids under the age of 5.

Him and his wife are having serious issues, to the point where more and more it looks like they are headed for the long road of divorce. However I want to stress they are not there yet.

His only concern is his kids. He is worried, that their mother will take the kids out of the country and he will never see them again. He isn't suggesting that that is what she is going to do, but there is a slight possibility because she is wanting to leave the country for a visit with the kids but that visit could be permenant depending on how things transpire.

Can anyone advise what he can do. Is there any way the childrens passports can be flagged as a precaution?

Any help on this matter would be appreciated.

[hadenough]

Search through some of the threads on thiis forum re: Travel Consent. There are necessary documents that he would need to provide to permit travel. If you go to the passport website you can get a more detailed idea of what documentation is required for travel abroad, on top of the passports.

He should also take photocopies of the children's passports and keep the copies locked away in a safe place.

[looloo]

I did read through the forums and none of the situations seemed applicable to this situation.

Its a precautionary measure, just to be on the safe side so filling in a form 14B Motion seems drastic especially since nothing else has been filed. As I said they are divorcing ... yet.

Is there a way to have their passports flagged as a precaution?

Lets face it, it is a hit or miss to have a consent letter because how many time do airport agents actually ask to see it.

[Tayken]

Hello

I am asking on behalf of a family member who is having marital problems.

This person has been married for less than 8 years and has 2 kids under the age of 5.

Him and his wife are having serious issues, to the point where more and more it looks like they are headed for the long road of divorce. However I want to stress they are not there yet.

His only concern is his kids. He is worried, that their mother will take the kids out of the country and he will never see them again. He isn't suggesting that that is what she is going to do, but there is a slight possibility because she is wanting to leave the country for a visit with the kids but that visit could be permenant depending on how things transpire.

Can anyone advise what he can do. Is there any way the childrens passports can be flagged as a precaution?

Any help on this matter would be appreciated.

I will address this matter in full shortly and have made a note to do so.

[Tayken]

Hello

I am asking on behalf of a family member who is having marital problems.

This person has been married for less than 8 years and has 2 kids under the age of 5.

Him and his wife are having serious issues, to the point where more and more it looks like they are headed for the long road of divorce. However I want to stress they are not there yet.

How matters are handled at this point can lead to the breaking point of the adult relationship. There are a few key things to remember and that are outlined in the Criminal Code of Canada in section 283.(1) abduction and in the Children's Law Reform Act.

The family member in question should be involved as much as possible with everything involving the children. Feeding them, putting them to bed, reading them books and all the things a parent should do. The best advice that can be given is to act when in the presence of the children that nothing has happened.

Second, the family member in question should not allow the other parent to "control" his parenting. The family member should notify the other parent of everything they are doing with the children for example:

"I would like to put the children to bed."
"Today is my bath night with our children."

Even wake up early and get the children ready for the day before the other parent any time you can. But, don't turn it into a competition but, make sure that the family member demonstrates they are a parent to the other parent.

Also, document all the things. Just document the factual stuff and not the emotional stuff.

His only concern is his kids. He is worried, that their mother will take the kids out of the country and he will never see them again.

What is the source of this fear/anxiety/worry from the family member in question? Is the other parent a citizen of another country? Which country? Do the children have passports? Where are their passports? Is the other parent employed? What is the relationship between the family member in question and the other parent's family? Does the other parent have the means (financial/emotional) to remove the children from their habitual residence without consent or a court order (CCC section 283.(1)).

He isn't suggesting that that is what she is going to do, but there is a slight possibility because she is wanting to leave the country for a visit with the kids but that visit could be permanent depending on how things transpire.

There are a few options:

1. She can leave the country but, leave the children with the other parent. There is no reason that she should take the children and leave the other parent behind. The family member in question has equal right to access and custody under the Criminal Code of Canada section 283.(1) abduction. It requires the family member in question's expressed and written consent.

2. A consent to travel letter calling out detailed particulars to the trip can be provided. When I say detailed, very detailed. Date of departure, mode of transport, the ticket number of any flight, the license plate and registration information for any vehicle they are driving in, the full names of all people travelling with the children and all the return date. This should not be a simple "paragraph" providing consent. It should be a consent for SPECIFIC travel with the children and it should call out the access the family member in question will have to the children while they are gone. For example, daily telephone and/or skype (preferred) access at 7:00PM.

Can anyone advise what he can do. Is there any way the childrens passports can be flagged as a precaution?

If you have access to the passports the best thing to do is remove them from the house and turn them over to a lawyer who will not return them to either parent without *BOTH* parent's consent or a court order.

One thing that the family member needs to do is put into writing and serve on the other parent (registered mail) is a simple letter stating that the children are not to be removed from their primary residence without consent or a court order in accordance with the Criminal Code of Canada section 283.(1) and in the event they are removed the family member in question will immediately bring an action before the Superior Court for the return of their children to their primary residence.

Word it softer than how I stated it. If you need help I can give you some examples.

Good Luck!
Tayken

PS: The removal of children from their primary residence by a parent without consent of the other parent or a court order is abduction under the Criminal Code of Canada section 283.(1). Parents every day take the law into their own hands and this conduct should not be tolerated by the Criminal system of law or the Family system of law.