Announcement

Collapse
No announcement yet.

Permission to take child out of province

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Permission to take child out of province

    We are separated from the last 13 months now. I asked from my ex to take our daughter out of province but he didnt give me permission so i had to take her somewhere within the province. Now he is overseas for a month and half on vacations. Now if i want to take my daughter out somewhere, do i still need his permission. I wont be interrupting his access orders. Pls advise. Thx
    There are no other legal orders in place except access on mutual consents.

  • #2
    In most cases, you are free to travel within the country without his consent.

    I was in a similar situation, I wanted to go about 4 hours away to another province, and she told me that I did not have permission. I basically told her I was going if she liked it or not. I carried my cell phone, and she knew of all my plans.

    If there's no reason not to allow the child to travel (i.e. health, school, etc), I can not imagine a judge not granting you permission to travel.

    Comment


    • #3
      So you have primary custody and it won't interrupt his access, AND there is nothing in a court document preventing it?

      You can take her to any province in Canada without his permission. Out of the country is probably another matter, but he can't prevent cross-province travel without a court order.

      Comment


      • #4
        My doctor laughed when I told him my ex had a problem with me taking my daughter to the next province. Funny that the court has now ordered that HE can leave Ontario with her (well, me either, but that was to keep things "fair")

        Comment


        • #5
          Does the CP really need the NCP's permission to cross the US/Canadian border? Long story short, NCP wanted to take their 13 yr old and NCP's spouse to the states and the CP absolutely refused to sign the OK unless NCP sat down with CP, CP's spouse, and child involved to go over every detail. Also added that only CP has the ultimate say if and when 13 yr old can go anywhere with NCP. Here's the clincher, the NCP has never once balked at the CP's request to take child out of province, across the border or even over to Europe for extended periods during the school year and yet CP makes this a sticking point for NCP. Funny thing though, when CP wanted to take child to the US last time, the NCP tested the waters and asked just prior to them leaving when he could expect a letter from the CP that would require NCP's consent for travel. CP replied that one was not needed as CP had full custody. What to make of this??

          Comment


          • #6
            Originally posted by sidelineref View Post
            Does the CP really need the NCP's permission to cross the US/Canadian border? Long story short, NCP wanted to take their 13 yr old and NCP's spouse to the states and the CP absolutely refused to sign the OK unless NCP sat down with CP, CP's spouse, and child involved to go over every detail. Also added that only CP has the ultimate say if and when 13 yr old can go anywhere with NCP. Here's the clincher, the NCP has never once balked at the CP's request to take child out of province, across the border or even over to Europe for extended periods during the school year and yet CP makes this a sticking point for NCP. Funny thing though, when CP wanted to take child to the US last time, the NCP tested the waters and asked just prior to them leaving when he could expect a letter from the CP that would require NCP's consent for travel. CP replied that one was not needed as CP had full custody. What to make of this??
            I believe he would need consent to cross the border. Kidnapping by one parent is a very real issue in Canada, and this is one step they take to minimize it. If he refuses, you may need to go to court and have them grant it.

            Border agents are supposed to ask for a consent form everytime a child crosses the border with just one parent, however, they don't always do it. You may, or may not have issues crossing the border depending on which agent you get.

            And, even if you have sole custody, it does not mean that the NCP has no responsability towards his child. He is still the father, and he still has some rights/visitation. If you were granted 100% custody with no visitation, it would be different.

            Comment


            • #7
              NCP has full visitation rights. Seems the CP picks and chooses, at their own discretion, when to make the "right decision" for the child. I should add that the CP demanded the schedule, hotels, planned excursions, and daily itinerary when NCP wanted to go across the border - all things that were never expected nor demanded of CP when they'd go on long jaunts. Even had the NCP given all the information, CP stated that ultimately the decision was theirs and theirs alone. CP even hassled NCP when NCP wanted to take their child to Europe for NCP's wedding. CP had the nerve to say that it would interfere with the schooling of the child. The NCP already had the OK from the teacher. This was the first time NCP ever took child out of school - for what I would say was a pretty good reason. CP routinely takes child out of school for extended jaunts to States and Europe and never sees the problem.

              Comment

              Our Divorce Forums
              Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
              Working...
              X