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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 11-12-2008, 07:29 PM
FromOverTheMountains FromOverTheMountains is offline
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Unhappy Wife left the country with our children

Hello,

I am looking for answers and advice. I was divorce a bit over 2 years ago. While going through the divorce, I was depressed and bullied by my ex. She insisted that I give her the right to "visit" her parents overseas. Not knowing what to do, I agreed to it. Big mistake. She left, and never came back. Now, the country where she is living is becoming less stable and I am worried about my children's well-being. What can I do?

Is it too late to go back to the courts? Is there any chance that I could gain custody? From what I gather, my wife does not seem to be working and relies on her parents to take care of the children. She does not have a steady job and the children are now incapable of speaking either English or French which will hurt their chances in the future should they return to Canada.

My question is whether my case is hopeless. Is there any chance I could get the divorce agreement my ex-wife signed respected? Is it too late? What would happen if I win and she does not return? [She is living in a country that is not a Hague Convention signatory.]
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Old 11-13-2008, 01:51 PM
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FL_Needs_To_Change FL_Needs_To_Change is offline
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I would attempt to bring forth an emergency motion based on the fact that your agreement states she is permitted to leave the country to "visit" her parents that you did NOT agree to her not returning nor keeping the children abroad and away from their biological father.

Also make a strong point to outline the state of the country that she has taken the children to, and the lack of financial means she has to properly care for them.

Also ask for this to be an exparte order, IE in the absence of the other party based solely on it's emergency bases.
The well being of the children is paramount and it appears that she is not thinking of the children but rather her own selfish desires to be near (with) her parents and forgot that the children have "two" parents that love them and "need to be a part of their lives.
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