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  • USA Vs Canada

    Sent post back in 2005 when I first found out that my wife was having an affair with her boss. It has been almost three years of hell dragging through the USA courts trying to get this resolved. We moved in 2005 to Connecticut from Canada based on the fact that my wife had received a promotion. Within two months of making the move I found out that the whole thing was a setup and she was planning to dump me in the USA. Even though the children and I had stated that we didn’t want to move to the USA, we made the move as a family. I tried to file for divorce right away but had to wait 1 year and 3 months just to get started due to residency requirements. I couldn’t return to Canada as we have two children and needed to work out an arrangement.
    Everyone here (lawyers, children's services - they got involved once I stated that I was returning to Canada) keeps telling me to forget returning to Canada as the USA courts will not allow it. We are all Canadian citizens. My son (14) and daughter (8) have stated since the beginning that they want to come home. They even have their own court assigned attorney to whom they have expressed their wish to return with their father. All our family and friends are in Canada. There is no reason to remain here, except the mother wants to be near her boyfriend.
    I have been the primary care giver since 2002, have a hearing disability and cannot afford health care here (even with insurance).
    I have supplied countless reports to my attorney showing that Canada is superior to the USA in education, healthcare and safety. I have contacted the Canadian government but they just hide their heads in the sand.
    I do not understand how the USA can detain Canadian citizens against their wishes, regardless of the fact that the mother resides in the USA. I have never indicated that I would prevent them from ever having access to the mother and would be only to happy for them to spend the majority of their vacation time with her.
    Within the last couple of months I brought my children home for a vacation. My son threatened to shred or lose his green card to prevent me taking him back to the USA. He approached friends and asked to stay with them until I can get back legally. Right up to the drive to the border I considered throwing the green cards in the garbage were they belong.
    In the event that a US court refuses to allow us to return to Canada, what would happen if I was legally in Canada with the children and immediately went to a Canadian court to prevent them from being taken back to the USA against their wills?
    Thanks!

  • #2
    If your a canadain citizen, I don't think the US courts could stop you from returning to Canada.

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    • #3
      We are all Canadian citizens. That's what I don't understand. I'm constantly informed that the US judges will not allow the children to be removed from Connecticut. My son (14) has stated that he is returning to Canada.
      I do not want to create an legal problem for myself if we come home for a visit and remain. I want to find out if I go to court immediately, could I file for an order preventing the US detaining the children if they return to visit their mother?
      Thanks!

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      • #4
        Although everyone concerned is a Canadian Citizen, and as a family all have located to the U.S.A.; I think the proper jurisdiction to hear any issues is where the children currently reside.

        A good read in your situation is the Hague Convention of child abduction and International Borders. Both Canada and The U.S.A took part and honour such decree.

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