Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

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

Reply
 
Thread Tools
  #1  
Old 12-05-2021, 02:16 AM
Dad204 Dad204 is offline
Junior Member
 
Join Date: Nov 2021
Posts: 9
Dad204 is on a distinguished road
Default 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.
Reply With Quote
  #2  
Old 12-05-2021, 12:10 PM
StillPaying StillPaying is offline
Senior Member
 
Join Date: Jun 2018
Posts: 617
StillPaying has a little shameless behaviour in the past
Default

Just be specific about where they are going, who/where they are staying, and the dates of travel and return. Include your contact info.
Reply With Quote
  #3  
Old 12-05-2021, 01:28 PM
Dad204 Dad204 is offline
Junior Member
 
Join Date: Nov 2021
Posts: 9
Dad204 is on a distinguished road
Default

Quote:
Originally Posted by StillPaying View Post
Just be specific about where they are going, who/where they are staying, and the dates of travel and return. Include your contact info.
I don't think this is enforceable without a cutody and access court order.
Reply With Quote
  #4  
Old 12-05-2021, 01:51 PM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 6,729
rockscan will become famous soon enoughrockscan will become famous soon enough
Default

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.
Reply With Quote
  #5  
Old 12-05-2021, 02:23 PM
StillPaying StillPaying is offline
Senior Member
 
Join Date: Jun 2018
Posts: 617
StillPaying has a little shameless behaviour in the past
Default

Quote:
Originally Posted by Dad204 View Post
I don't think this is enforceable without a cutody and access court order.
It'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.
Reply With Quote
  #6  
Old 12-05-2021, 05:57 PM
Dad204 Dad204 is offline
Junior Member
 
Join Date: Nov 2021
Posts: 9
Dad204 is on a distinguished road
Default

Quote:
Originally Posted by StillPaying View Post
It'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.
without 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.
Reply With Quote
  #7  
Old 12-05-2021, 08:55 PM
StillPaying StillPaying is offline
Senior Member
 
Join Date: Jun 2018
Posts: 617
StillPaying has a little shameless behaviour in the past
Default

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.
Reply With Quote
  #8  
Old 12-06-2021, 09:31 AM
arbortrail22 arbortrail22 is offline
Member
 
Join Date: Nov 2020
Posts: 82
arbortrail22 is on a distinguished road
Default

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?
Reply With Quote
  #9  
Old 12-06-2021, 12:52 PM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 6,729
rockscan will become famous soon enoughrockscan will become famous soon enough
Default

Quote:
Originally Posted by Dad204 View Post
without 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 dont 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.
Reply With Quote
  #10  
Old 12-06-2021, 04:58 PM
StillPaying StillPaying is offline
Senior Member
 
Join Date: Jun 2018
Posts: 617
StillPaying has a little shameless behaviour in the past
Default

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.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
After leaving abusive situation... broken_gal Domestic Violence 10 08-11-2011 08:20 PM
Court Order vs Contract?? babygirl Divorce & Family Law 4 01-20-2011 10:26 AM
moving after seperation with children 1968devil1972 Common Law Issues 1 03-08-2010 07:36 AM
Seperation Agreement Problems NightEcho Divorce & Family Law 5 10-09-2009 06:28 AM
need answers..or how to ... jinx101 Divorce & Family Law 1 12-31-2006 07:16 PM


All times are GMT -4. The time now is 02:09 AM.