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  • Suspect ex will be taking children out of the Country

    I am wondering who a person might contact if you suspect your ex is taking the children out of the Country without consult or consent?

    There is no time to get the matter in front of a judge and the only info is from the children themselves.

    Is there an agency where you could call and advise them that you suspect your ex is possibley going to take the the children without consent?

    Thanks

  • #2
    Is there already a passport issued?

    Comment


    • #3
      You need to speak to a lawyer asap. Take their advice. If you can not afford a lawyer go to the court house and speak to duty council.

      If they are crossing to the US, I would try to ensure the US border and Canadian border control are informed of the names and the licence plates.

      If they are travelling by air or sea, I would try to inform those agencies as well.

      Finally, if the children are taken to a country on the list of participating countries under the Hague convention, the children will be returned no matter if the ex agrees or not.

      Comment


      • #4
        Originally posted by LostFather View Post
        I am wondering who a person might contact if you suspect your ex is taking the children out of the Country without consult or consent?

        There is no time to get the matter in front of a judge and the only info is from the children themselves.

        Is there an agency where you could call and advise them that you suspect your ex is possibley going to take the the children without consent?

        Thanks
        do you think the ex is not going to bring the children back???

        Comment


        • #5
          Originally posted by billiechic View Post
          Is there already a passport issued?
          Unfortunately I do not know the answer to that question. I am dealing with a nut job/control freak who doesn't inform me of anything except when she wants money or more control. She keeps the children out of school and doesn't inform me. She gets medical procedures done without informing me. Hell I found out that my youngest had 10 cavities filled through my benefits...thats over 1 cavity per every year he's been alive.

          So if she has passports I am not thinking she'll be forthcoming with telling me.

          She just does.

          Comment


          • #6
            Originally posted by LostFather View Post
            I am wondering who a person might contact if you suspect your ex is taking the children out of the Country without consult or consent?

            There is no time to get the matter in front of a judge and the only info is from the children themselves.

            Is there an agency where you could call and advise them that you suspect your ex is possibley going to take the the children without consent?

            Thanks
            1. The removal of children without consent or a court order is covered by the Criminal Code of Canada section 283.(1) Abduction.

            2. It requires your consent for the children to be removed from their primary residence. Send a R3 letter to your wife and/or her solicitor notifying them that you do not consent to the children leaving the jurisdiction and if it happens you will immediately start court proceedings in a court of competent jurisdiction.

            3. If you have cogent (tangible) evidence from the other parent that this is going to happen (say an email stating this) take it to the police now and notify them that there may be an attempt and / or get CAS involved.

            4. The removal of children without the other parent's consent is a form of "control" in the matter. Children should not be used in this manner every by either parent.

            6. Notify the boarder officials that the children may be removed without consent and taken out of the country.

            Good Luck!
            Tayken

            Comment


            • #7
              Originally posted by standing on the sidelines View Post
              do you think the ex is not going to bring the children back???
              I don't believe its permanent. She has too many ties here. My problem is i don't know where she is taking them...only a hunch based on what the children has said. I believe it to be a communist Country.

              Comment


              • #8
                If they are heading to Cuba for a winter vacation, it may be in the kids best interests to let them go. Even with all the hostilities and control factors involved, it may be deemed unreasonable on BOTH of you to act in such manners. Her by failing to inform and you for failing to consent to the travel where you have no reasonable fear of abduction.

                However, I would get on record about your opposing your ex's refusal to discuss the matter with you and provide you with travel details. Send a R3 letter to the ex stating you are aware of her travel plans, and while you are willing to agree to said travel, you will only do so with a detailed itinerary and contact details so you can call the kids.

                Unless the court order provides that she can leave country with the kids without your consent, she is likely to require a consent letter from you agreeing to the travel.

                Also, if you are on the birth certificate, I am pretty sure you are also required to sign off on the the passport.....again, unless the court has stated otherwise.

                I'd look into those matters first before determining how to block it.

                Comment


                • #9
                  Originally posted by HammerDad View Post
                  If they are heading to Cuba for a winter vacation, it may be in the kids best interests to let them go. Even with all the hostilities and control factors involved, it may be deemed unreasonable on BOTH of you to act in such manners. Her by failing to inform and you for failing to consent to the travel where you have no reasonable fear of abduction.

                  However, I would get on record about your opposing your ex's refusal to discuss the matter with you and provide you with travel details. Send a R3 letter to the ex stating you are aware of her travel plans, and while you are willing to agree to said travel, you will only do so with a detailed itinerary and contact details so you can call the kids.

                  Unless the court order provides that she can leave country with the kids without your consent, she is likely to require a consent letter from you agreeing to the travel.

                  Also, if you are on the birth certificate, I am pretty sure you are also required to sign off on the the passport.....again, unless the court has stated otherwise.

                  I'd look into those matters first before determining how to block it.
                  Great advice.

                  Comment


                  • #10
                    Originally posted by LostFather View Post
                    There is no time to get the matter in front of a judge and the only info is from the children themselves.
                    Yes there is, it's called emergency motion (ex parte) and you can get an order the same day you apply. It seems you have good arguments but I assume you need a little bit more than just what your kids say. Talk to a lawyer.

                    Comment

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