"With Prejudice"

[E-Gal]

I'm sending ex's lawyer a letter to ask him to reconsider signing a travel consent form and gave him up to March 27th

1. Do I have to write "with prejudice" because I've asked for a certain date (March 27th) to get his reply, otherwise I indicated that I will be doing a motion to take him to court and ask the court to make an order and also that my ex pay my costs for having to bring this motion, on a full-indemnity basis.

[mom2three]

Nope. It is implied by the absence of "without prejudice" that the document can be introduced as evidence. Of course it never hurts either.

[E-Gal]

Nope. It is implied by the absence of "without prejudice" that the document can be introduced as evidence. Of course it never hurts either.

great thanks.

[SadAndTired]

My lawyer is always asking me "Why is the other party doing this?" to try to strategize.

Why is your ex not signing it? Do you have an agreement that the ex will not withhold reasonable permission?

[hadenough]

Ironic: I just sent an email to ex's lawyer yestr re: travel. I did include "with prejudice" on it and requested a response within 7 days or off I'll go to file and serve.

@sadandtired "Why is your ex not signing it? Do you have an agreement that the ex will not withhold reasonable permission?" You asked the OP this.

Well, for my sitch - we do have the above clause but he won't sign/agree to anything. Everything is a hassle, and we don't talk to eachother at all... I don't think E-gal's situation is like mine, but I don't think her ex is "Mr. Cooperative," either.

[E-Gal]

Ironic: I just sent an email to ex's lawyer yestr re: travel. I did include "with prejudice" on it and requested a response within 7 days or off I'll go to file and serve.

@sadandtired "Why is your ex not signing it? Do you have an agreement that the ex will not withhold reasonable permission?" You asked the OP this.

Well, for my sitch - we do have the above clause but he won't sign/agree to anything. Everything is a hassle, and we don't talk to eachother at all... I don't think E-gal's situation is like mine, but I don't think her ex is "Mr. Cooperative," either.

We have the Minutes of SEttlement that's being drafted re: our OCL Discolosure meeting, and I asked that the Travel Consent Letter be included as part of the settlement otherwise I would file.
Unfortunately my ex is using the country I'm visitng (my family) is not part of the Hague Convention, and for that reason I am considered a flight risk. The same excuse that he used when I went down to the States (who is part of the Hague Convention), and he witheld his permission TWICE then, and was ordered by the court. So anyway, that excuse is going to wear thin in court.

It's got nothing to do with me being a flight risk, and everything to do with him being vindictive and on top of which selfish in not allowing our daughter to see her grandparents(my dad is ill) and relatives. I'm done with him, and am getting all the documentation ready to file in the even he does not sign the Travel Consent Letter (which in all likelyhood is what will happen, given his outburst in saying "Never going to happen" and his lawyer's behaviour at the OCL meeting who quoted that the country I was going to was not part of the Hague Convention, and that I will have to post $ 1million in bond ) I wish people would stop with these childish behaviour and look and see what is right and good for our child, and not put them in the middle of vindictive behaviour.
This does not bode well for future parenting between the two of us....but then again.......it never was easy then, and I don't expect it to change...would be nice - but as I've always said hope is good, but reality is what it is.

[involveddad75]

That said I know of a father who lost access to his daughter when her mother ran out of the country to her homeland which was not part of Hague convention.
He was awarded temporary custody here in Canada and then had to travel several times to (I think it was Jamaica to) find them. He was only able to return the child. When the mother ran out of money and needed to be rescued herself.

It was not a pretty picture, and the child likely had to go to counselling for all the stuff she saw.
I'm not saying that is the case here but I too would be reluctant to sign such an agreement.

[Mother]

A mother I know took a toddler out of Canada with a revoked travel consent once, then 6 months or so later she took the same child to another trip outside of Canada without father's knowledge at all and now planning another trip abroad.

When border authorities were contacted the father was told that no one checks docs at the exit, only upon return. I found it hard to believe but that's what the father was told. Does it make any sense especially if a small child being taken out of country? The father doesn't know if his x faked his signature but again, someone has to come to a notary's office, present some ID and sign for the father unless the whole document is fake. What can be done?

Thanks

[mom2three]

A mother I know took a toddler out of Canada with a revoked travel consent once, then 6 months or so later she took the same child to another trip outside of Canada without father's knowledge at all and now planning another trip abroad.

When border authorities were contacted the father was told that no one checks docs at the exit, only upon return. I found it hard to believe but that's what the father was told. Does it make any sense especially if a small child being taken out of country? The father doesn't know if his x faked his signature but again, someone has to come to a notary's office, present some ID and sign for the father unless the whole document is fake. What can be done?

Thanks

What can be done? Why is he withholding travel consent?

I question the veracity of the statement that they only check documents upon return. Not only does it make no sense, it certainly wasn't my experience!

I travelled with my children six weeks ago and because I was the person who applied for the passports (joint custody situation), I went to the border agent with the children. The father was travelling with us.

When I presented mine and the childrens passports the agent asked if I had consent and I needed to show proof of consent. I told him the father was behind us. The agent scrutinized the passports with a fine tooth comb and I had to produce the children's long form birth certificates (thanks Passport Canada for recommending a parent to bring them) so that the agent could confirm that the father was who he said he was. He double checked his passport signature and his signature on his drivers licences with the signature on the birth certificates. And then he did the same for mine.

Perhaps people do manage to get through but why take the risk? I don't know of any travel cancellation insurance that would cover a trip cancellation for ones own incompetence (not having the proper paperwork in hand).

[Mother]

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The travel consent was signed in father’s absence and a few months before the separation. Don’t ask me how it was signed as I cannot answer this question here. Basically a blank form was notarised. The father knew just a few details of the trip, for instance her knew the country and nothing else. When he requested the detailed of the trip and where the mother with the child will be staying and a proof of travel insurance she refused to provide it and only when travel consent was revoked she gave some details of the trip but still did not buy any travel insurance. She told the father she is going to this trip anyway, regardless of the revocation and with no travel insurance and she did. When the father called the Pearson int’l Airport police he was redirected to the border authorities. When he called there (I am a live witness to this conversation – it was on speaker) he was told what he was told – see above.

There is a lot more to it but it’s very, very long sad story. This woman is vicious, vicious, vicious.
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[FB_]

I believe it's because when you are leaving the country you being questioned by the other countries border agents. The really don't care who you are bringing out of a country only who you are bringing into their country.

There have been many posts on here about only being questioned coming back into the country.

I took both my kids on a cruise in December. I had the notarized authorization letter. I was not questioned about the kids driving into the States. Getting on or off the cruise ship or getting back into Canada.

I would not have traveled without one as I wouldn't risk it

[Mother]

That's right, questioned by another country's border authorities but by then it may be too late for your child and you, don't you think? So theoretically speaking any criminal can leave Canada undetected because it's none of our business where and if people are leaving/going, what's important is: who is coming in. But some people are leaving with the intend never to come back. Now what?

[hadenough]

Several years ago, I took my sisters daughter to the Dominican. I had a letter w/me. It was not asked for (leaving Canada) despite her age at the time, and her different last name.

Once we returned, and were going through Canada Customs - the agent asked to see paperwork. Hmmm, strange.

[Mother]

There are so many strange, illogical things in this country that I am lost and tired counting. Why the courts are biased and against the men in Canadian family court system - is one of them. When is it going to change?

Hell no, I am not against women, I am a woman and a mother who went through hell in this "department" myself. But why, why, why a mother is automatically a primary custodian (we are not talking about extreme cases here). The system must be fair to all, not to the women only for whatever reason. What is happening is discrimination against men to me.

[hadenough]

This thread is not about real/perceived discrimination against men. I happen to personally know 3 fathers with sole custody of their children. Go figure.