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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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#1
12-05-2021, 02:16 AM
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Travel without court order and seperation agreement
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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#2
12-05-2021, 12:10 PM
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Just be specific about where they are going, who/where they are staying, and the dates of travel and return. Include your contact info.
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#3
12-05-2021, 01:28 PM
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#4
12-05-2021, 01:51 PM
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You have to give a permission form for her to travel. That for will outline the dates of travel and where they are staying. Should she fail to return, you take a copy of that form to the police and report your kids as kidnapped.
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#5
12-05-2021, 02:23 PM
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#6
12-05-2021, 05:57 PM
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#7
12-05-2021, 08:55 PM
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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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#8
12-06-2021, 09:31 AM
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My partner and I provide a letter for each other whenever traveling out the country with our kids and we are happily married. Don't you need one regardless?
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#9
12-06-2021, 12:52 PM
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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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#10
12-06-2021, 04:58 PM
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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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