CP immigrating to Canada

[joygrrl]

I am the NCP of two children. The CP remarried two years ago to a Canadian citizen. I have joint legal custody. We all live in Kansas, where the divorce and custody were processed six years ago. I have "liberal" visitation with my children-every other weekend Friday pm to Monday am, all school holidays (spring break, winter break), and eight to ten weeks in the summer. This is easy to do since we live in the same town. I pay child support regularly, as well as health insurance for both children as ordered by the court.

My ex has informed me verbally that he wants to immigrate to Canada with the children. I don't plan to allow him to take them. I know that he needs to inform me 45 days in advance of a proposed move out of state.

My questions are:
Does the same thing apply to immigration? If so, what are the guidelines?

If he continues to pursue this, can a court order me to sign the paperwork to allow them to immigrate?

Will he be the one to file in court to gain permission, or should I file to stop him if(when) I receive written notification?

Isn't there legal paperwork that I have to sign as a legal parent, that can't be processed without my signiture?

I am (somewhat) willing to immigrate to be with my children, but the financial obligation is staggering, and I don't score very highly in the point system(read-I can't immigrate). I haven't given up on the US, even if he has, and I can't imagine any US court allowing children of two US citizens to immigrate against the wishes of one of their legal parents.

If the worst happens, and he can and does immigrate to Canada with the kids, and I then move to Buffalo,New York (the closest large US city to Toronto, where he wants to move), what would happen to our child support situation? International child support? Who pays for the visitation travel costs? Do I still have to provide health insurance even though Canada health care is socialized?

When should I get a lawyer?ASAP? Or if/when I receive written notification?
Thanks!

 

[Taz93]

I would go to court and get a modification that he cannot move out of state or the country without the judge agreeing and you too. I would also think about going for custody of children if he does move to Canada. You definitely need to talk with an attorney.

 

[LegalBeagle]

I am the NCP of two children. The CP remarried two years ago to a Canadian citizen. I have joint legal custody. We all live in Kansas, where the divorce and custody were processed six years ago. I have "liberal" visitation with my children-every other weekend Friday pm to Monday am, all school holidays (spring break, winter break), and eight to ten weeks in the summer. This is easy to do since we live in the same town. I pay child support regularly, as well as health insurance for both children as ordered by the court.

My ex has informed me verbally that he wants to immigrate to Canada with the children. I don't plan to allow him to take them. I know that he needs to inform me 45 days in advance of a proposed move out of state.

My questions are:
Does the same thing apply to immigration? If so, what are the guidelines?

If he continues to pursue this, can a court order me to sign the paperwork to allow them to immigrate?

Will he be the one to file in court to gain permission, or should I file to stop him if(when) I receive written notification?

Isn't there legal paperwork that I have to sign as a legal parent, that can't be processed without my signiture?

I am (somewhat) willing to immigrate to be with my children, but the financial obligation is staggering, and I don't score very highly in the point system(read-I can't immigrate). I haven't given up on the US, even if he has, and I can't imagine any US court allowing children of two US citizens to immigrate against the wishes of one of their legal parents.

If the worst happens, and he can and does immigrate to Canada with the kids, and I then move to Buffalo,New York (the closest large US city to Toronto, where he wants to move), what would happen to our child support situation? International child support? Who pays for the visitation travel costs? Do I still have to provide health insurance even though Canada health care is socialized?

When should I get a lawyer?ASAP? Or if/when I receive written notification?
Thanks!

It is extremely rare that a court allows a CP to take the children out of the jurisdiction of the US. What you do is put 2-3k aside and find an attorney. The moment he informs you of his plan to move, you file a petition to either stop him, or custody of the children.

BE READY!