Siouxie

With regards to the schooling, according to CIC they would be able to attend school if they are classed as a 'minor' chid.

Can a minor child go to school in Canada without a study permit?

Cchris

That's how it was before. My ex had a study permit I had WP and the kids were allowed to attend school as visitors.

PMM

HI



1. I honestly think that the schooling is going to be least of his problems.

Cchris

OK. A little clarification. The kids are with a friend, and as far as I've been told thus far that arrangement is now staying in place until the end of the month. After that they are going to visit some of my family for Easter holiday. I intend to go for that time and join them. I plan to arrange legal representation at that point and the mothers bailed for 8 weeks, so court or whatever that looks like is just shy of 2 months from now. I'm not divorced from the ex. There is no reason social services wouldn't release the kids into my care if I was living in the UK right now.

geoff52

You are doing the right thing, because your kids need your support. Putting legal representation in place is smart move. This may end up as custody battle, therefore be prepared for bumps in the road.
Good luck.

DandNHill

To give you a little bit of hope...

In 2011 when I asked ex if he would give me permission he said no. His language was very colorful when he gave me his reply. He made it clear it just wasn't going to happen.

My solicitor sent him a letter and he replied. I was then billed £600!! So I decided to try again and call his bluff. I told him that if he didn't agree my solicitor would be looking at getting a court date. I didn't have the money but he didn't know that.

He must have gone to see a solicitor. His whole attitude changed. He became Mr Nice Guy and even signed the paperwork on my birthday!
I have no idea what the solicitor must have said to him but my guessing is that it was along the lines that he wasn't going to win so he should actually work with me to get the best agreement possible.

I know your circumstances are different but it doesn't change the fact that if she gets a lawyer no doubt with her history she will get advice similar to what my ex got ( he had never had dealings with the law).

So don't give up hope. I nearly did but decided to give it one last push and it happened!!

Cchris

Thanks for that! Hoping the social workers will help sway that too.

DandNHill

No worries. The pressure must be intense for you.
Remember they are in safe hands right now. They will be with you in England very soon too.

The other thing I forgot that my divorce lawyer said way back when: "Kids vote with their feet". Yours are not little, if it goes to court they will be asked where they want to be...

Cchris

Update. I'm with the kids now. Trying to get their passports from their mother so I can bring them home. If not I'll be off to the passport office. The social workers said I have every right to take them with me, it's up to her to take me to court if she desires.

christmasoompa

I would double check that with a lawyer or two personally. Everything I've ever read says that you can't take children out of their country of residence without the other parents permission (or a court order).

Hopefully one of our pros will chime in and help though, but at the very least I'd speak to a couple of family lawyers.

Great that you're with the kids, I hope you're all ok.

Cchris

I'll be checking with a lawyer. I'm also still planning on trying to get permission from her before going the legal route.

Snowy560

Yes. Please read this:

Minor children travelling to Canada

Vulcanoid

And also this https://www.gov.uk/permission-take-child-abroad

DandNHill

Glad to hear you're with the kids. Everybody must be very relieved.

Hope everything goes well. Keeping fingers crossed you're all back in Canada 🇨🇦 very soon.

Almost Canadian

The social worker is wrong.

You will need a Court Order to remove them from the jurisdiction. I doubt very much that CIC will completely process their Applications without something authoritative that shows them that you have the ability to remove them.

If your ex discovers you have taken them, it is very easy for her to proceed wit a Hague Convention request and, as there doesn't appear to be any form of Court order allowing you to remove them, they will be returned to the UK so that the UK can make a decision upon where they should reside.

As you have been living in Canada without your kids for some time, don't assume it will be easy to persuade a Court in the UK that they will be better off with you. What about relatives in the UK (yours or hers)? Don't be surprised if a Court decides that they would be better placed with them, than with you.