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"Without my consent" wording in final documents when taking child out of the US

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Hello, I have a lawyer but I am looking for a second opinion. My ex is Canadian and hasnt been there in over 14 years. Yet he wants to be able to travel there with our son "without my consent". My lawyer doesnt seem to think this is a big deal. Is it?
 


Zigner

Senior Member, Non-Attorney
Hello, I have a lawyer but I am looking for a second opinion. My ex is Canadian and hasnt been there in over 14 years. Yet he wants to be able to travel there with our son "without my consent". My lawyer doesnt seem to think this is a big deal. Is it?
Sorry - US law only.
In general, regarding a matter under the jurisdiction of a state court in the United States, and with only the scant information you have provided, I agree with your attorney.
 

LdiJ

Senior Member
Hello, I have a lawyer but I am looking for a second opinion. My ex is Canadian and hasnt been there in over 14 years. Yet he wants to be able to travel there with our son "without my consent". My lawyer doesnt seem to think this is a big deal. Is it?
As long as its on his own parenting time and as long as he informs you where they will be and provides contact information, it should not be a big deal. Canada is a signatory to the Hague Convention and doesn't protect parents who perpetrate parental kidnapping. Does your son have a passport? If not, he won't be able to travel there without one and your signature WILL be necessary to get a passport.
 
What does this mean? "Hague Convention and doesn't protect parents who perpetrate parental kidnapping" He has an expired passport. From what I am reading if I agree to the "without my consent" he wont have to get my signature to update his passport.
 
Sorry - US law only.
In general, regarding a matter under the jurisdiction of a state court in the United States, and with only the scant information you have provided, I agree with your attorney.
But this is US law. We live here and they want to put "without my consent" in the final documents so he can travel to CA with him and I cannot object.
 

Zigner

Senior Member, Non-Attorney
What does this mean? "Hague Convention and doesn't protect parents who perpetrate parental kidnapping" He has an expired passport. From what I am reading if I agree to the "without my consent" he wont have to get my signature to update his passport.
It means that, while not *easy* to recover kids in Canada who have been victims of parental kidnapping, it's very doable.
If you withhold consent without good reason, then the court can order you to sign and/or put wording in the order that allows the passport to be obtained without your consent.
 

Zigner

Senior Member, Non-Attorney
But this is US law. We live here and they want to put "without my consent" in the final documents so he can travel to CA with him and I cannot object.
Oh, it's US law? Wow! How were we to know that, since you deleted the question that asked for what US state you are in?
 

Zigner

Senior Member, Non-Attorney
Bottom line: You have an attorney and the attorney has advised you on the matter. None of us are going to second guess the attorney, particularly when his (or her) advice seems right on the money.
 

stealth2

Under the Radar Member
At the end of the day, do you have a credible belief that the child's father will spirit him away to Canada?
 
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Just Blue

Senior Member
But this is US law. We live here and they want to put "without my consent" in the final documents so he can travel to CA with him and I cannot object.
Do you have a valid reason to object to your child going to Canada for a vacation with his/her parent?
 
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Nope. Never saw that question. Its ok, I appreciate the second opinions. It just bugs me the "without my consent" thing. My main worry is he is not a US citizen, he is still Canadian and has no plans to become a US citizen. Thats why I am worried he will go there with our son and not come back. Or what if he gets to CA and they let him in but they dont let him back into the US?
 

Just Blue

Senior Member
Nope. Never saw that question. Its ok, I appreciate the second opinions. It just bugs me the "without my consent" thing. My main worry is he is not a US citizen, he is still Canadian and has no plans to become a US citizen. Thats why I am worried he will go there with our son and not come back. Or what if he gets to CA and they let him in but they dont let him back into the US?
Or what if Dad takes kiddo to visit with family in PEI/BC/Quebec/Nova Scotia....whatever and kiddo has a lovely time? Don't be controlling or you will have a long and difficult time of it till child becomes an adult.

What state was the court order placed?
 
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