I need help

[Momismyname]

What is the name of your state (only U.S. law)?NC I currently reside in USA as a Canadian citizen.. I am looking to leave my husband due to marital problems and want to return back to Canada. My children are dual citizens. If I proceed to do this could this cause any legal implications such as parental abduction charges? What rights does a father have? I spoke to a Canadian lawyer and found out about the laws there but was advised to seek legal advice here due to the laws being different,and help would be appreciated.

 

[kimberlywrites]

As a Canadian citizen living in Texas, who is divorced from a fellow Canadian citizen - I can tell you that you won't even get the children across the border without a notarized letter signed by your husband. Even if married, someone traveling with children across the border needs 'permission' and the reason is because of parental abduction. Even WITH passports. Let me rephrase slightly - you may be able to do it, but if immigration asks you for proof, you're screwed.
So no, you can't flee the country with your kids. If you did make it across the border, your hubby could file divorce papers (if you haven't already) and demand their return.

 

[Momismyname]

Ok, so If I want to leave how can I get a seperation agreement if he wont agree to ANYTHING... He is ver unwilling to work this out, and when I spoke to the US Embassy they said I could get a seperation agreement any imput on that?
Thanks

 

[Antigone*]

Ok, so If I want to leave how can I get a seperation agreement if he wont agree to ANYTHING... He is ver unwilling to work this out, and when I spoke to the US Embassy they said I could get a seperation agreement any imput on that?
Thanks

Unless you can get him to agree to your leaving the country with his children you will not be able to. You do have the option of going on your own.

 

[kimberlywrites]

Wireless is right. Immigration has really cracked down. And quite frankly, you're the kind of person why they have. I don't mean that in a rude way, but really, you're wanting to flee with your kids across the border. That ain't right.

 

[kimberlywrites]

Ok, so If I want to leave how can I get a seperation agreement if he wont agree to ANYTHING... He is ver unwilling to work this out, and when I spoke to the US Embassy they said I could get a seperation agreement any imput on that?
Thanks

Note it's called a separation "agreement." Even if he agreed, you'd still need a notarized letter in addition to the agreement. It will have to have specific info. EG:
To whom it may concern:
This letter serves as acknowledgement and permission for my children Jane Doe (Date of birth) and John Doe (date of birth) to travel to Canada with their mother Janice Doe via (enter border crossing) by (Train, plane or automobile) on (date) in my absence. They will return to the United States via (state, flight, etc) on (date or approximate date).
If you need further information please do not hesitate to call (provide EVERY POSSIBLE phone number where father can be reached.)
Signed and dated (by the dad)
SIGNATURE OF NOTARY PUBLIC

 

[kimberlywrites]

Sorry, one other thing.
Dad would have to sign the letter in front of a notary, who will ask him for ID (that's so others cannot forge his signature).

 

[Ohiogal]

Note it's called a separation "agreement." Even if he agreed, you'd still need a notarized letter in addition to the agreement. It will have to have specific info. EG:
To whom it may concern:
This letter serves as acknowledgement and permission for my children Jane Doe (Date of birth) and John Doe (date of birth) to travel to Canada with their mother Janice Doe via (enter border crossing) by (Train, plane or automobile) on (date) in my absence. They will return to the United States via (state, flight, etc) on (date or approximate date).
If you need further information please do not hesitate to call (provide EVERY POSSIBLE phone number where father can be reached.)
Signed and dated (by the dad)
SIGNATURE OF NOTARY PUBLIC

Precisely. I agree with every word you have written Kim.

 

[M&MDaddy]

Precisely. I agree with every word you have written Kim.

Im obvioulsy not questioning anyone's expertice.. but I do have a question. My STBXW just took my two to Mexico..I had to agree to sign for their passport, since they did not previously have one..(I checked with my Attorney) But she was able to get them in and out with no problem. Should they have required something like this? And I obviously don't agree with leaving the country with your kids. Also, wouldnt the the hague convention come into play in this situation? My attorney mentioned it.

 

[kimberlywrites]

I don't know much about Mexico, but my hunch is that she got lucky. Again, immigration officials may not ask for the documentation. But they sure can, and if they do, you better have it.

 

[Momismyname]

Im obvioulsy not questioning anyone's expertice.. but I do have a question. My STBXW just took my two to Mexico..I had to agree to sign for their passport, since they did not previously have one..(I checked with my Attorney) But she was able to get them in and out with no problem. Should they have required something like this? And I obviously don't agree with leaving the country with your kids. Also, wouldnt the the hague convention come into play in this situation? My attorney mentioned it.

I asked immigration about the Hague convention, and they told me this was only to do with kids in certain countries.. (not sure which ones.) but it protects them against being brought to America and sold on the black market or used for slavery.. but it definately did not pertain to my situation...

 

[Momismyname]

Precisely. I agree with every word you have written Kim.

ok I gree with that..and in rebuttal... I love my children more than I hate my ex... and want nothing but the very best for them. I feel that having 2 parents that love them equally who are HAPPY is important and children can pick up on this stuff. so if we stay together and are unhappy and contantly fighting what does that say to our kids?? that shows them that becuase of them we have to live miserably.. what message does that send to them?

I have one more question... If the tables were turned and my husband were the one to want me out... and unless Im married to him I have to leave the Country... or face deportation... then would that make me the victim? It would sorta be the same thing right?

 

[kimberlywrites]

The best thing you can do is make sure the kids have access to BOTH parents.

 

[Momismyname]

one more thing... if a couple with children are supposed to stay together until death them part... what would happen when and if one parent were to pass away? how would that change anything?

 

[kimberlywrites]

Well then custody would revert to the surviving parent.
Your argument for wanting to move them across the border is not going to fly. Why would it be in the best interest of the children to move them away from dad anyway? It might be in YOUR best interest, but not theirs. You claim to be thinking of only them (your argument about fighting all the time with your STBX). But then you want to know how to move them away?
You might try posting your questions in the Immigration forum but believe me, you'll get the same answers.