Can I prevent overseas relocation ?

[geniusmagic]

What is the name of your state (only U.S. law)? New Jersey

We are married for 3 years and living in NJ , have a son who is now 1 year old. Wife is a Canadian permanent resident ( not a citizen) and was working there before marriage and has family living there. Child is a US citizen by birth and has no status in Canada.
Our marital history is not all that great and we have been separated once before. Due to a recent argument, she is threatening again to take the child to Canada for an undetermined period of time.
1) Can she do that if I do not give my written consent ?

Child does not have a passport but what baffles me is that Canada does not require passport for minors coming from US. Just a birth certificate is good enough, so that adds to my problem.
2) Can I alert Canadian border ?

I am trying not to initiate any court proceedings at this time as I want to give things some more time but also do not want to be deprived of my son.
3) If we both agree that she can go for 2 weeks for vacation but must bring the child back, can we enter into a consent order specifying these details ? If she changes her mind later, can I force her to bring child back based on the signed agreement?

4) If in the worst case we get into a custody battle, what is the likely hood that she would be allowed to relocate to Canada with the child? I am a good father and I want to be involved in the day to day life of my child. Obviously she thinks otherwise.

 

[LdiJ]

What is the name of your state (only U.S. law)? New Jersey

We are married for 3 years and living in NJ , have a son who is now 1 year old. Wife is a Canadian permanent resident ( not a citizen) and was working there before marriage and has family living there. Child is a US citizen by birth and has no status in Canada.
Our marital history is not all that great and we have been separated once before. Due to a recent argument, she is threatening again to take the child to Canada for an undetermined period of time. 1) Can she do that if I do not give my written consent ?

Child does not have a passport but what baffles me is that Canada does not require passport for minors coming from US. Just a birth certificate is good enough, so that adds to my problem. 2) Can I alert Canadian border ?

I am trying not to initiate any court proceedings at this time as I want to give things some more time but also do not want to be deprived of my daughter.
3) If we both agree that she can go for 2 weeks for vacation but must bring the child back, can we enter into a consent order specifying these details ? If she changes her mind later, can I force her to bring child back based on the signed agreement?

4) If in the worst case we get into a custody battle, what is the likely hood that she would be allowed to relocate to Canada with the baby? I am a good father and I want to be involved in the day to day life of my child

Just FYI, Canada is not "overseas".

Do you plan for the child to never be able to visit family in Canada? One thing that you should know is that Canada cooperates better than any other country with custody orders issued from the US. The fact that your child would have no status in Canada is also very helpful to you. Therefore it would be easier to get the child back from Canada than from anywhere else. I don't think that you can alert the Canadian border.

 

[geniusmagic]

How can I ensure that the child is not kept against my wishes ?

Thanks for your reply.
Canada may not be overseas but it it still an international border and while it may cooperate well it probably is not as easy to enforce a NJ court order in Canada than it is in lets say Texas or California. I really do not want to be in a spot where I have to eventually run after NJ and Canadian courts and law enforcement after spending tens of thousands to get the child back. Also I am not a US citizen and will have a tough time going to Canada and coming back to US due to immigration restrictions

I do not care if the child is taken to canada for a visit but I want to make sure that the child comes back to marital home. I am really terrified at the possibility of the child being sponsored to Canada against my wishes and then kept there or worse taken to a third world country of which we are both citizens.

Can someone who has experience in such matters answer questions in my original post ?

 

[stealth2]

I suggest marriage counseling.

 

[CJane]

What's your residency status in the US?

What country are you and your wife citizens of, and is child a dual citizen?

 

[BigMouthWino]

What is the sea between Canada and the United States? Please advise.

The child would be better off with Mom.

 

[Proserpina]

What is the sea between Canada and the United States? Please advise.

The child would be better off with Mom.

And you know this how?

You don't have any idea who might be the better parent.

 

[stealth2]

And you know this how?

You don't have any idea who might be the better parent.

The man at the bottom of the glass told him. Also that he's the fairest of them all.

 

[single317dad]

What is the sea between Canada and the United States? Please advise.

Well, the http://en.wikipedia.org/wiki/Salish_Sea for one. You can also cross the Atlantic or Pacific Ocean en route to Canada. Depending on your chosen definition of "sea", you might also include Lake Ontario, Lake, Erie, Lake Huron, and Lake Superior, but not Lake Michigan.

Jerk.

 

[geniusmagic]

What's your residency status in the US?

What country are you and your wife citizens of, and is child a dual citizen?

I am on work visa and we are from China which does not allow dual citizenship.
Child does not have any passport as of now.
Is there anyone who can answer or advice on the questions in the original post ?

 

[CJane]

What is the name of your state (only U.S. law)? Due to a recent argument, she is threatening again to take the child to Canada for an undetermined period of time.
1) Can she do that if I do not give my written consent ?

Probably.

Child does not have a passport but what baffles me is that Canada does not require passport for minors coming from US. Just a birth certificate is good enough, so that adds to my problem.
2) Can I alert Canadian border ?

You can alert anyone you choose. They're unlikely to care/take your alert seriously, though.

I am trying not to initiate any court proceedings at this time as I want to give things some more time but also do not want to be deprived of my son.
3) If we both agree that she can go for 2 weeks for vacation but must bring the child back, can we enter into a consent order specifying these details ? If she changes her mind later, can I force her to bring child back based on the signed agreement?

No.

4) If in the worst case we get into a custody battle, what is the likely hood that she would be allowed to relocate to Canada with the child? I am a good father and I want to be involved in the day to day life of my child. Obviously she thinks otherwise.

There are MANY factors that would come into play other than whether you are a "good father" or she is a "good mother". With the state of your residency status (work visa only), I'd say the odds are in her favor.