Advice when other parent threatens abduction to another country

[billiechic]

This is not for me (it's been years since I've been here
A friend in Alberta has two girls born outside Canada. Both under 5. The father is telling them about a plane ride and has made threats in the past to take them back to the country they were born in.
Their passports are from that country.
Is there any way she can create a flag in the system to prevent the girls from easily being taken from Canada.
The country involved is not cooperative with females, especially foreign born.
I will pass along whatever info and advice you can provide.
Thanks

[arabian]

Who has legal custody? or.... did she abduct the children and flee to Canada?

[trinton]

Is there a court order? What does it say about travel? Does the father have passport? He cannot apply for Canadian passport without mom's consent, unless he get's a court order.

The court will take what she says the children said with a grain salt, you need independent evidence that the father has plans to abduct the children, you can't just say "my children said their father is taking them to Dubai". The judge will laugh in your face, unless the father has some sort of a criminal record, otherwise, he is in good character and you are just trying to give him a hard time.

[arabian]

why would the children not have Canadian passports? That is why I asked if the mother had perhaps abducted the children and brought them to Canada?

Need more information.

[trinton]

why would the children not have Canadian passports? That is why I asked if the mother had perhaps abducted the children and brought them to Canada?

Need more information.

We just don't know that. We know they are born from another country, are under 5, and are in Canada, and apparently, the father want's to take them back to the home country.

The passport could be in the mom's hand, or could be expired. We don't know. If there is no passport, they won't let them out of the country. If there is passport, then that is a different story.

If there is a court order, she could just phone the Police and say she fears that he will take the children out of the country without her knowledge or consent, and they may flag his name and question him at the airport. If there is no court order, the airport will let him go. They didn't even ask me for a travel consent when I travelled, just the passport and airplane ticket.

[arabian]

Do the children have Canadian citizenship?

[billiechic]

There are passports in the girls names in the country of birth because that is where they were born. Mom is Canadian and the whole family moved here after the kids were born. I am not sure if there is an agreement not to get Canadian passports but even if she tried she would need dad's consent. They are Canadian citizens
There is no international travel with written consent of both parents. However she is worried dad will have girlfriend impersonate mom. Its possible.
Not sure of legal custody. Girls live with mom with weekend access by dad.
I'm just asking if anyone knows how to have this flagged at the security level or something. He would travel on a foreign passport and the girls too.
Thanks for advice so far

[trinton]

you didn't answer Arabians question, are the girls Canadian citizens?

If they are, there is no way in hell the airport would allow them to fly out of Canada without a Canadian passport - their return would be impossible.

[arabian]

Hopefully the mother has some documentation (health care) for children.

here is information which your friend has likely already accessed?
I am Canadian. My children were born outside Canada. Are they Canadian?

After all the children's documentation is in order then she should talk to a lawyer and consider a restraining order preventing father removing the children without her prior consent.

[billiechic]

Good advice Arabian. I will pass that along.
Yes these are 2 kids being raised Canadian in every sense. Of course there are health and school records for both.

[arabian]

you didn't answer Arabians question, are the girls Canadian citizens?

If they are, there is no way in hell the airport would allow them to fly out of Canada without a Canadian passport - their return would be impossible.

I know they are Canadian (as they were born here) but they should have identification to corroborate this (Canadian passport). We're talking about border agents and some of them aren't that bright. A woman posing as the mother with 2 young children (all with foreign passports) probably would not raise an alarm. I don't know if a judge can order the father to surrender the children's foreign passports? Is that even legal? I have no idea.

[trinton]

I know they are Canadian (as they were born here) but they should have identification to corroborate this (Canadian passport). We're talking about border agents and some of them aren't that bright. A woman posing as the mother with 2 young children (all with foreign passports) probably would not raise an alarm. I don't know if a judge can order the father to surrender the children's foreign passports? Is that even legal? I have no idea.

OP said children are born outside of Canada.

[trinton]

Hopefully the mother has some documentation (health care) for children.

here is information which your friend has likely already accessed?
I am Canadian. My children were born outside Canada. Are they Canadian?

After all the children's documentation is in order then she should talk to a lawyer and consider a restraining order preventing father removing the children without her prior consent.

that's a restraining order motion that would fail. She would have to prove on a balance of probabilities that there is a risk of the father moving the children out of jurisdiction. If it is a fact that the children don't have a Canadian passport , then that would be enough to fail that motion.

[arabian]

Interesting.

Who the heck would get involved with someone from one of "those" countries and have children with them? Didn't they watch the movie starring Sally Field "not without my daughter"?

Women not allowed to drive, covered up all the time and subservient to men? Fortunately that is not the Canadian way.

[trinton]

Interesting.

Who the heck would get involved with someone from one of "those" countries and have children with them? Didn't they watch the movie starring Sally Field "not without my daughter"?

Women not allowed to drive, covered up all the time and subservient to men? Fortunately that is not the Canadian way.

stop the racism. Canadians don't discriminate, remember?

Do you think that man agrees with the laws of his country if he's moved with his children to Canada? DO you perhaps think that he just wants to take his children back to his native country because he is fed up with the Canadian way of the handling of children's time with the other parent, mainly fathers ?

There are many muslim countries where women aren't fully covered up. But don't forget, family law lawyers are covered up in black robes all the time and Men are subservient to women. The Canadian way.