Flagging kids at Canada/US Border?

[NBDad]

Hey All:

Just wondering if anyone has any experience with flagging the kids in regarding to crossing the Canada/US border?

The ex bailed province again, and I had contacted the new ex landlord for permission to retrieve the children's toys. Well, amongst the tote full of kids things, was a wealth of documentation, including a handwritten plan that seems to insinuate that she is thinking of fleeing with them.

I have sole custody, she gets 5 1/2 hours visitation /week. The city we live in is LESS than 2 hours from the border.

So, does anyone know whether this is possible to do? I'm going to try calling the Canadian Border Services this afternoon, but figured I'd give a shout out here to see if anyone has come across anything similar.

Thanks

[blinkandimgone]

Hmmm, I really have no idea what your best options are but the kids would have to have passports to travel across the border. Could you apply to have their passports given to you? Aside from that, you could file their passports as lost or stolen although I'm not sure how legal that is if they aren't?

Hope someone has some better answers for you, just throwing some thoughts out there.

[Nadia]

Hello NB Dad

According to Canadian Passport agency website, if you fear the abduction of your child, you may notify any passport issuing office in Canada (or the nearest Canadian embassy or consulate if you are abroad) to have your child’s name placed on the Passport Control List, a list that puts officials on alert. Before your child’s name is included on this list, you will be asked to provide the names and birth dates of both parents and the child, as well as copies of any custody-related documents.

What this means she will not be able to cross the border with the children. Your children's passports WILL be flagged.

You should also make sure that the authorities are aware of your concerns and share the material that you recovered from your ex-partner's residence.
Please do not assume anything, take every precaution. If necessary insist on supervised access.

Nadia

[NBDad]

For Land/Sea travel, Kids under the age of 16 can travel on birth certificates alone according to the US Border website...it's only air travel they need passports. My kids are all under 10...so as long as she has a copy of their Birth Certificates (I can't stop her from ordering her own copies) she'd be able to do so. (SHE would need a passport, THEY do not)

In any event, I found the answer to my own question. Posting below in the event that this information is useful to anyone else...

US Customs & Border Protection
1-207-454-3621 (Callais, Maine - Border Office)

Provided her name and DOB as the kids names and DOB's.

The agent would not confirm the existence of any Central Registry or Database, he implied there is such a thing, but said he is not able to confirm or deny.

He indicated that she and the kids would be flagged for 6 months....she would be turned away at the border, and the kids would be held at the border until someone with custody papers came to retrieve them.

If she is turned away, it's immediately communicated to all the other border stations via their network. (So she can't be turned away, and drive 10 mins. up the road to another station)

So at least that's dealt with now...I can't see her actually putting that plan into place, but if this goes badly enough for her, I honestly can't say for certain...better safe than sorry.

[representingself]

I am pretty sure that children under 16 do not need a passport to cross into the US, if travelling by car. All you need is their birth certificate.


hahahaha oops, you knew that already!!

[mrsb]

NBDad,

Does this cover off the ferry from Deer Island as well? Just somthing to double check...

[rwm1273]

I spoke with Canada customs a few months ago about this, and the individual I spoke with said that since FOIP laws have been enforced, there is very little inter agency communication. He suggested to register with both Canada Customs, as well as the US Customs.

[dadtotheend]

Not this is a whole lot of comfort to you if she manages to do this, but if she were to take off with the kids when you have sole custody she would be in whack of trouble. That's abduction.

Why would she be so foolish as to leave such a plan lying around before vacating the apartment?

[NBDad]

If it ever came to that, pretty sure she wouldn't care. Barring the judge being stoned or retarded, I'm pretty sure she's going to lose pretty badly come November.

I have a *VERY* strong case, but I'm still hoping to avoid trial if I can. I DO NOT want to take any chances with the kids, she's done more than enough damage already.

Why would she so foolish as to leave such a plan lying around before vacating the apartment?

Why would someone not pay rent for almost a dozen different places in 2 years? This despite double and triple dipping the system at times. (There was at least ONE month where she was receiving CS, CCTB/UCCB, Income Assistance AND both her AND the boyfriend were working, AND the boyfriend's mother's church gave her $1000 cash and $500 of free groceries)

Why would someone leave 32 bags worth of garbage scattered throughout an apartment?

Why does she do ANYTHING she does? (If you know, PLEASE fill me in I've been trying for YEARS to make sense of it)

The plan was buried midway through a spiral notebook of crap. She probably doesn't even realize it was there. Some deluded fantasy of the moment or whatever.

As far as I am aware, she still doesn't know I know she left on the sly.

She canceled the past 2 weekend access times because she "had to work". (False, she hasn't worked since around August 15th as close as I can tell)

She's "supposed" to be exercising her access this week....I suspect she's only returning because the Income Assistance check would normally be in the mailbox on Thursday/Friday..too bad it's been canceled.

[dadtotheend]

She sounds like supervised access material. You're lawyer's out to f'n lunch.

[Mominneed]

Is it possible to file an ex-parte motion for supervised access with this information?

I have a similar situation with my x and it's really nerve-wracking. I'll be living with it forever...Take comfort that the US has probably signed the Hague Convention which ensures that children abducted to countries who have signed this treaty will be returned to their country of "usual" residence. So if your x did take off with the kids you would have avenues to get them back if you knew where to find them. I suppose though that this is still only a small comfort.

My x, myself and my child's passports have all been surrendered to our lawyers for now (still in mid-process so not sure how that'll end) and I currently have only supervised access. I think you could make a case for supervised access if you have some documented proof of her intentions. I feel for you...I think this is a very scary situation for you AND your kids.

[NBDad]

My lawyer is old and fed up with the whole case. Poor bastard had NO idea what he was getting into. (God help me, I TRIED to warn him).

The assessor's report recommends supervised, CPS recommends "short visits" only. I have enough evidence about her living conditions, and how they stack against mine to make this a slam dunk. Or I should. Except of course, I have a penis and therefore can't possibly expect the law to apply equally to me.

[NBDad]

Is it possible to file an ex-parte motion for supervised access with this information

No. *sigh* The pending final court hearing in late November makes the judge less than willing to alter ANY of the existing orders.

We have an assessor's report that recommends supervised, and it was HER lawyer that chose the assessor. Tried (and failed) to have it integrated into the existing order already.

Judge basically stated "The existing order stands, we WILL have a hearing"

[dadtotheend]

...Except of course, I have a penis...

After being put through the meat grinder that is court, it takes a while to remember that.

[NBDad]

Yeah I hear ya. If I had done HALF the crap she did, I'd be sitting with supervised access.

I mean, what does she need to do before the courts wise up? Kill one of them?