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  • Travel without court order and seperation agreement

    OP wants to take children to US without an existing court order or seperation agreement. OP might try to stay in US. What type of wording can I include in a cosent order that prevents OP from staying in US with children? Wording that is enforceable if OP decides to stay in US.

  • #2
    Just be specific about where they are going, who/where they are staying, and the dates of travel and return. Include your contact info.

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    • #3
      Originally posted by StillPaying View Post
      Just be specific about where they are going, who/where they are staying, and the dates of travel and return. Include your contact info.
      I don't think this is enforceable without a cutody and access court order.

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      • #4
        You have to give a permission form for her to travel. That for will outline the dates of travel and where they are staying. Should she fail to return, you take a copy of that form to the police and report your kids as kidnapped.

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        • #5
          Originally posted by Dad204 View Post
          I don't think this is enforceable without a cutody and access court order.
          It's your travel agreement. If they don't return, you would bring an emergency motion for their return and then provide that to the police to enforce.

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          • #6
            Originally posted by StillPaying View Post
            It's your travel agreement. If they don't return, you would bring an emergency motion for their return and then provide that to the police to enforce.
            without a custody and access agreement or court order, isn't it very time consuming and challenging? In emergency motion, you have to show there is immediate danger to a child.

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            • #7
              No. An emergency motion takes a couple hours to receive an order. Missing/not at home where they're supposed to be kids is an immediate danger.

              For perspective, if you don't provide a travel consent letter, your ex would bring an urgent motion to resolve. An emergency motion would be denied as they should've known earlier.

              If they don't return as agreed, you would bring an emergency motion to receive an order same day for the police to enforce.

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              • #8
                My partner and I provide a letter for each other whenever traveling out the country with our kids and we are happily married. Don't you need one regardless?

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                • #9
                  Originally posted by Dad204 View Post
                  without a custody and access agreement or court order, isn't it very time consuming and challenging? In emergency motion, you have to show there is immediate danger to a child.

                  You donít need an agreement or order. The way it is supposed to work (and this is entirely dependent on the US border guards) if one parent is traveling alone with the kids they have to have a letter outlining they have permission. It is supposed to be commissioned by someone able to sign oaths.

                  To protect yourself, you could do this letter and have it signed by a commissioner. From there you would send her an email with a scanned copy of the letter reminding her you expect the children to return to Canada on xyz date. When she fails to return to contact the police and file an urgent motion for interim custody until such time that you have an agreement.

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                  • #10
                    Original copy should stay with the traveler but you can make more than one if you want to, otherwise your photocopied version is enough.

                    If you want to save time, go to court then police. With an emergency (ex-party) motion and not urgent, asking for interim custody/access until you're both before the judge in a week or so.

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                    • #11
                      [QUOTE=Dad204;248403]OP wants to take children to US without an existing court order or seperation agreement.

                      You will need to provide a travel consent letter that outlines the departure date, return date, provides the location of where they will be residing and any flight information.

                      See: https://travel.gc.ca/travelling/children/consent-letter

                      Originally posted by Dad204 View Post
                      OP might try to stay in US. What type of wording can I include in a cosent order that prevents OP from staying in US with children? Wording that is enforceable if OP decides to stay in US.
                      I wouldn't worry. As others have said an emergency ex-parte order is quick to win and the USA has consistently returned children to their habitual residential jurisdiction. Its not like they are being abducted to a non-Hauge country. The easiest place to get children return from is the U.S.A.

                      Unless you have real solid evidence that the parent has no intention of returning and has citizenship and the children have citizenship in the country they are going to... Its just anxiety getting the better of you. Just make sure they are not planning on going from the USA to another non-hauge convention country.

                      Politely saying... If they are eastern European, middle eastern, etc... speak the language... They can board a flight from the USA to the other country and then you are in deep doo-doo.

                      https://www.thestar.com/news/gta/201...dren_home.html

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