Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law > Common Law Issues

Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

Closed Thread
 
Thread Tools
  #31  
Old 12-25-2012, 12:39 AM
ele110 ele110 is offline
Senior Member
 
Join Date: Aug 2010
Posts: 117
ele110 is on a distinguished road
Default

Quote:
Originally Posted by Heart-broken dad View Post
But I still can't get my head around as to how she managed to take the kids out of the country without me signing any documents! Am I missing something? Is there a way to do this that I'm not aware of? I'm already disillusioned enough with the family law system, this is finally the last straw!

From what I understand, she even flew out of a major international airport!!!!
They don't ask at the airport. I routinely fly to Europe with kids, We simply go through. (of course we have passports and notarized letter from the ex just in case). Note that the person checking are: 1) Airline attendant who could not care less 2) Security who are interested in what you have in your purse not wether you are divorced parent travelling without the ex's consent. Unless other countries there is no 'Police check' or 'Emigration' check in Canada. Once in Europe, we go through the police check, and there again, no question asked, nothing.
  #32  
Old 12-28-2012, 09:58 AM
HammerDad HammerDad is offline
Senior Member
 
Join Date: May 2010
Location: Hamilton
Posts: 3,885
HammerDad will become famous soon enough
Default

Like I mentioned earlier, I flew out of Pearson in Toronto to go to St. Lucia for the March Break with my daughter.

I was able to get through all of the security check points, board the plane, land in St. Lucia get through customs there both arriving and departing, reboard the plane to come home and finally, when re-entering Canada via Pearson I was actually asked for the consent letter.

Passport was required, but the consent was an after thought. And the funny part is......my daughter and I don't even have the same last name.......

If security is gonna be lax, there isn't much that can be done. I don't agree that the kids should be allowed to cross the border without a passport and consent letter. But if that was made universal, it would clog up the borders when spouses who are still married go without their husband/wife with the kids across the border for shopping etc.

If your ex should do it, you notify them in writing that you don't agree, ask them to cease and desist and move on.
  #33  
Old 12-28-2012, 11:23 AM
Tayken's Avatar
Tayken Tayken is offline
Senior Member
 
Join Date: May 2011
Posts: 6,997
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by HammerDad View Post
Like I mentioned earlier, I flew out of Pearson in Toronto to go to St. Lucia for the March Break with my daughter.

I was able to get through all of the security check points, board the plane, land in St. Lucia get through customs there both arriving and departing, reboard the plane to come home and finally, when re-entering Canada via Pearson I was actually asked for the consent letter.

Passport was required, but the consent was an after thought. And the funny part is......my daughter and I don't even have the same last name.......

If security is gonna be lax, there isn't much that can be done. I don't agree that the kids should be allowed to cross the border without a passport and consent letter. But if that was made universal, it would clog up the borders when spouses who are still married go without their husband/wife with the kids across the border for shopping etc.

If your ex should do it, you notify them in writing that you don't agree, ask them to cease and desist and move on.
Actually, I disagree. Canada should have an exit strategy like other countries. I differ to Stephen Watkins and all the materials he has brought forward regarding this need.

Good Luck!
Tayken
  #34  
Old 12-28-2012, 01:01 PM
namrita namrita is offline
Junior Member
 
Join Date: Dec 2012
Posts: 6
namrita is on a distinguished road
Default

Quote:
Originally Posted by Heart-broken dad View Post
Ok, we don't have a custody agreement, nor do we have a visitation agreement (although we're working on one right now),

Is this legal?
Unfortunately from what the border people told me recently, yes. I agree with the "doccument doccument" thing but from what the border patrol said, unless there is a police warrant against the person there is NO WAY they can keep you from crossing the border. They can ask questions and detain the person for questioning but once they realise they have no warrant for arrest/detention they have no jurisdiction. My family (exH, myself and our 3 kids) all have Nexus cards and I was sure that something could be done so I went in to ask the nexus office to keep him from crossing the border with the 2 kids he has in his care right now (we too have no custody order in place yet and he has abducted the 2 youngest kids). They said I was more than welcome, as 1 of the 2 signatories on the nexus cards, to request that the nexus cards be revoqued. That would mean next time he tried crossing he couldn't use them. It would cause a huge headache for him and would likely piss him off. However...they made perfectly clear that he could still cross with the kids' birth certificates. In actual fact, *I* am in a worse off position because if I had done that and it pissed him off he would probably do that to the eldest's nexus card which is all I have for photo ID for her since he also took her birth certificate and has (thus far) not returned it despite being asked many times and being "threatened" to tell my lawyer about it.

In any case...in a nutshell, border authorities say they have no jurisdiction. They are free to detain you for a while, question you up the ying yang, but ultimately can not hold you up forever or arrest you for having kids who you don't have "custody of" unless there is an actual warrant for your arrest. :'(
  #35  
Old 12-28-2012, 01:06 PM
namrita namrita is offline
Junior Member
 
Join Date: Dec 2012
Posts: 6
namrita is on a distinguished road
Default

Quote:
Originally Posted by cbarker78 View Post
How about you do a little homework before making such a WRONG statement!!
The Canadian and American Border Agency websites both say that you need a consent letter from the other parent - but I can tell you (from my own numerous experiences) the actual guards in the booth have never once asked about the children in my car!!
YK what is actually pretty darn hilarious (but sad) is a friend of mine who was widowed when her son was 12, was harassed for YEARS on their international travel (USA, Britain, Japan...etc.) about whether she had "custody" and the right to travel with him. Almost every single flight/cruise they went on. She carried the father's certificate of death on their travels. At one point she got so frustrated she asked "would you like me to bring the urn of ashes next time we travel?!!!". :-/
Closed Thread


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Someone please help me Aveariel Divorce & Family Law 12 09-08-2011 05:57 PM
Where Do I Go From Here? lorlaman Common Law Issues 9 08-08-2011 09:46 PM
Help with CS and time with kids deanp Financial Issues 1 01-26-2011 04:49 PM
Ex Wife wants the kids back J_Kitchener2010 Divorce & Family Law 23 09-27-2010 08:05 PM
Help! Many Questions! sophiejay43 Divorce & Family Law 5 06-24-2009 06:22 PM


All times are GMT -4. The time now is 01:36 PM.