OP wants to take children to US without an existing court order or seperation agreement. OP might try to stay in US. What type of wording can I include in a cosent order that prevents OP from staying in US with children? Wording that is enforceable if OP decides to stay in US.
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Travel without court order and seperation agreement
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Originally posted by StillPaying View PostIt's your travel agreement. If they don't return, you would bring an emergency motion for their return and then provide that to the police to enforce.
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No. An emergency motion takes a couple hours to receive an order. Missing/not at home where they're supposed to be kids is an immediate danger.
For perspective, if you don't provide a travel consent letter, your ex would bring an urgent motion to resolve. An emergency motion would be denied as they should've known earlier.
If they don't return as agreed, you would bring an emergency motion to receive an order same day for the police to enforce.
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Originally posted by Dad204 View Postwithout a custody and access agreement or court order, isn't it very time consuming and challenging? In emergency motion, you have to show there is immediate danger to a child.
You don’t need an agreement or order. The way it is supposed to work (and this is entirely dependent on the US border guards) if one parent is traveling alone with the kids they have to have a letter outlining they have permission. It is supposed to be commissioned by someone able to sign oaths.
To protect yourself, you could do this letter and have it signed by a commissioner. From there you would send her an email with a scanned copy of the letter reminding her you expect the children to return to Canada on xyz date. When she fails to return to contact the police and file an urgent motion for interim custody until such time that you have an agreement.
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Original copy should stay with the traveler but you can make more than one if you want to, otherwise your photocopied version is enough.
If you want to save time, go to court then police. With an emergency (ex-party) motion and not urgent, asking for interim custody/access until you're both before the judge in a week or so.
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[QUOTE=Dad204;248403]OP wants to take children to US without an existing court order or seperation agreement.
You will need to provide a travel consent letter that outlines the departure date, return date, provides the location of where they will be residing and any flight information.
See: https://travel.gc.ca/travelling/children/consent-letter
Originally posted by Dad204 View PostOP might try to stay in US. What type of wording can I include in a cosent order that prevents OP from staying in US with children? Wording that is enforceable if OP decides to stay in US.
Unless you have real solid evidence that the parent has no intention of returning and has citizenship and the children have citizenship in the country they are going to... Its just anxiety getting the better of you. Just make sure they are not planning on going from the USA to another non-hauge convention country.
Politely saying... If they are eastern European, middle eastern, etc... speak the language... They can board a flight from the USA to the other country and then you are in deep doo-doo.
https://www.thestar.com/news/gta/201...dren_home.html
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