Canada after divorce
#1
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Joined: Sep 2008
Posts: 3
Canada after divorce
Myself and my husband are thinking of working then possibly obtaining permantent residence in Canada. I am a registered Nurse and my husband works in IT.
We have one child together but I have an 8 year old from my previous marriage. We dont have a residancy order but a contact order is in place.
Am I able to take my daughter to Canada without my first husbands permission as I know he would never do this in a million years?
Our daughter resides with me.
Thanks in advance
Nat
We have one child together but I have an 8 year old from my previous marriage. We dont have a residancy order but a contact order is in place.
Am I able to take my daughter to Canada without my first husbands permission as I know he would never do this in a million years?
Our daughter resides with me.
Thanks in advance
Nat
#2
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Joined: Dec 2005
Location: In Limbo
Posts: 15,706
Re: Canada after divorce
Myself and my husband are thinking of working then possibly obtaining permantent residence in Canada. I am a registered Nurse and my husband works in IT.
We have one child together but I have an 8 year old from my previous marriage. We dont have a residancy order but a contact order is in place.
Am I able to take my daughter to Canada without my first husbands permission as I know he would never do this in a million years?
Our daughter resides with me.
Thanks in advance
Nat
We have one child together but I have an 8 year old from my previous marriage. We dont have a residancy order but a contact order is in place.
Am I able to take my daughter to Canada without my first husbands permission as I know he would never do this in a million years?
Our daughter resides with me.
Thanks in advance
Nat
Not a snowball in Hells chance.
#3
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Joined: Sep 2008
Posts: 3
Re: Canada after divorce
Thats what I thought
#5
Re: Canada after divorce
Sorry that the news probably isn't what you want, Nat, but welcome to the BE forum anyway.
x
x
#6
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Joined: Sep 2008
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Re: Canada after divorce
He took me to court over everything to do with our divorce because that's the person he is. We don't speak although daughter has contact.
I guess I'm tied to the UK for at least another 8 years!
I guess I'm tied to the UK for at least another 8 years!
#7
Forum Regular
Joined: Jul 2008
Location: Vancouver
Posts: 186
Re: Canada after divorce
well, in order for this to work, you would need to get a court order to be allowed to remove your daughter from Britain to Canada. Courts have in the past often decided in favor of the parent with whom the child has residency, and wants to remove the child to a far away country.
The only way to find out is go to court.
And the only sure way to find out about your chances in court is talk to a lawyer specialized in international family law.
(or just wait and save yourself the hassle).
The only way to find out is go to court.
And the only sure way to find out about your chances in court is talk to a lawyer specialized in international family law.
(or just wait and save yourself the hassle).
#9
Re: Canada after divorce
The older your daughter gets (even before she is 16), the more weight a court will give to her views, if you want to get permission to remove her from the jurisdiction.
#11
Re: Canada after divorce
I would expect most family law practitioners to have at least some understanding of cross-border issues as they come up a lot.
#12
Re: Canada after divorce
We had quite a few of these posts recently - some of the parents are absent from their kids lives, so the decision is much easier.
However, I wonder how the kids feel especially when they love and see both parents. Asking them to live on one side of the world with one parent is one helluva decision to ask them to make - a huge decision a child should never be asked to make. They have a right to see both mum and dad regularly (and not via Skype).
Consider if you were the 'other' parent. How devasted would you be if your child was moved overseas to live with the other parent. Skype just wouldn't cut would it?
What's best for the child is the top priority, not fulfilling mum or dad's dream of living abroad. That can always be postponed.
Over-simplified - yes! But kids see things simply - and rightly so.
However, I wonder how the kids feel especially when they love and see both parents. Asking them to live on one side of the world with one parent is one helluva decision to ask them to make - a huge decision a child should never be asked to make. They have a right to see both mum and dad regularly (and not via Skype).
Consider if you were the 'other' parent. How devasted would you be if your child was moved overseas to live with the other parent. Skype just wouldn't cut would it?
What's best for the child is the top priority, not fulfilling mum or dad's dream of living abroad. That can always be postponed.
Over-simplified - yes! But kids see things simply - and rightly so.
Last edited by Cookie; Sep 24th 2008 at 11:26 am.
#13
Re: Canada after divorce
Myself and my husband are thinking of working then possibly obtaining permantent residence in Canada. I am a registered Nurse and my husband works in IT.
We have one child together but I have an 8 year old from my previous marriage. We dont have a residancy order but a contact order is in place.
Am I able to take my daughter to Canada without my first husbands permission as I know he would never do this in a million years?
Our daughter resides with me.
Thanks in advance
Nat
We have one child together but I have an 8 year old from my previous marriage. We dont have a residancy order but a contact order is in place.
Am I able to take my daughter to Canada without my first husbands permission as I know he would never do this in a million years?
Our daughter resides with me.
Thanks in advance
Nat
#14
BE Forum Addict
Joined: Sep 2003
Location: Ontario, Canada
Posts: 1,151
Re: Canada after divorce
We had quite a few of these posts recently - some of the parents are absent from their kids lives, so the decision is much easier.
However, I wonder how the kids feel especially when they love and see both parents. Asking them to live on one side of the world with one parent is one helluva decision to ask them to make - a huge decision a child should never be asked to make. They have a right to see both mum and dad regularly (and not via Skype).
Consider if you were the 'other' parent. How devasted would you be if your child was moved overseas to live with the other parent. Skype just wouldn't cut would it?
What's best for the child is the top priority, not fulfilling mum or dad's dream of living abroad. That can always be postponed.
Over-simplified - yes! But kids see things simply - and rightly so.
However, I wonder how the kids feel especially when they love and see both parents. Asking them to live on one side of the world with one parent is one helluva decision to ask them to make - a huge decision a child should never be asked to make. They have a right to see both mum and dad regularly (and not via Skype).
Consider if you were the 'other' parent. How devasted would you be if your child was moved overseas to live with the other parent. Skype just wouldn't cut would it?
What's best for the child is the top priority, not fulfilling mum or dad's dream of living abroad. That can always be postponed.
Over-simplified - yes! But kids see things simply - and rightly so.
It hasn't caused any large issues that I'm aware of, no particular problems of any note but I just don't feel as though it was the right thing to do.
#15
Lost in BE Cyberspace
Joined: Apr 2004
Posts: 10,375
Re: Canada after divorce
However, I wonder how the kids feel especially when they love and see both parents. Asking them to live on one side of the world with one parent is one helluva decision to ask them to make - a huge decision a child should never be asked to make. They have a right to see both mum and dad regularly (and not via Skype).
Consider if you were the 'other' parent. How devasted would you be if your child was moved overseas to live with the other parent. Skype just wouldn't cut would it?