johnh009

Too subjective, both offer pros and cons. Rather than look at it as a UK vs. Canada situation, look upon it as a life experience situation. I cannot really see anything is lost by spending at least a part of your life in a different country. I also cannot see that moving to Canada will be a disaster for you or your family, at the worst it may fail to live up to your expectations and you can also move back having had the benefit of the experience.

Karen-47

The problem I have is that we are at the end of the process now, basically just waiting for our PR Visas and my sons's father has decided to change his mind and withdraw his consent for me to take him to Canada. I believe I will have to prove to the courts that my son would have a better life in Canada. I understand that this is going to be very difficult as you only really know a place once you are living there. I am very grateful for all the comments.

Dorothy

Why do you think Canada would be better for your child?

christmasoompa

Not sure how you can prove that to be honest, unless you/your son has family in Canada or similar?

I think it will also depend on whereabouts you are in the UK. For example, my children are currently better off in the UK close to family etc, but then we have a very nice life in Berkshire with fantastic education for my children, etc, and I'm sure I'd feel that Canada would be better if I was bringing them up in Moss Side!

Activities wise, other than skiing there's nothing they could do in North Van that they can't here, so not sure that's going to help you.

My guess is that you'll need to prove that the benefits of the move will outweigh them having regular time with their father and other family members - and I really can't think of anything that would do that, but as I said above, it will depend on your individual circumstances.

dbd33

Can't they argue that a child needs its Mother and that is more important than location. That moving the child is justified because it keeps Mother and child together despite it entailing moving the child to Canada? I think such an argument would fly in Ontario.

iaink

Thats the way I would go, given that its impossible to prove that Canada is better or worst than the UK.


Did the Father initially give permission I wonder?

Anyway, I seriously doubt that this situation is unique, Im sure others have gone through it in the past.

MikeUK

I don't think it can be proved...

But in my wife's opinion and a couple of her friends all who are/were teachers and have worked in the Ontario school system and the UK system would agree with point.

Having said that they also believe that if you’re in the upper quartile then both systems will not give you what you need, and the difference is only significant and to be concerned about if you’re in the lower quartile.

Aviator

If permission was given in writing, particularly if notarised then that should help in a court case. However if you have never been to Canada then it would be hard to demonstrate that the child will be better off in Canada without first hand knowledge. The child's life would be different, but not sure how you think it would be better. Personally I would suggest coming on a research trip, gather information pertinent to the child to show you have done your due diligence and put together written plan for the child's life in Canada, even throw in some pictures.

You might also want to demonstrate that you have considered the impact on your child of being separated from their father and his family and your plans to address that. The fathers relationship with the child, past and present also has a bearing on the outcome.

In the court the child has the rights not the parents, but courts also consider the life of the parents and the impact the decision would have on them and ultimately how it would impact the child. If its going to court, you have a lot of work to do to show you have thought this through and have the best interests of the child at heart.

Almost Canadian

Essentially, you have to be prepared to state that, if the Court doesn't allow you to go with the child, you will go anyway (and leave the child with your ex). If you don't, the Court will always take the easy option - allow the child to have regular and frequent access with both parents.

As has been stated above, the only issue for the Court is: What is in your child's best interests. How can it possibly be in your child's best interests for contact with one parent to be massively reduced. This is not a big issue if your ex has little or no contact with the child.

Aviator

That's always the hard one, saying you will go anyway, as you risk looking like an uncaring selfish parent and of course the Ex saying OK I'll take the child to live with me. It also depends on the ex's domestic arrangements and whether he can look after the child.

I'm no expert on this, but did go through the process when sponsoring my OH.

snowcandy

How old is the child concerned?

I really feel for you as I know what a difficult time you must be having. However it is a very individual situation. There are many factors that need to be taken into account. Obviously your child's age would have an impact on any decision made ie taking them out of the school system in the UK at a crucial stage in their education etc. Also what level of contact and the nature of their relationship with the absent parent. Financial situation etc....it all gets pretty complex.

If your ex agreed to the move before, what has now caused them to change their mind? If you your child has a good relationship with the absent parent then naturally this is a more difficult issue to resolve. Can you show that you will make all attempts to maintain regular contact through visits etc?

We had similar problems with my ex who eventually only signed the consent papers when I closed the CSA account, meaning he did not have to pay the £££££ arrears, nice. His lack of contact (his choice) with our child meant his input into the decision was non existent, he tried to prevent us through sheer spite. In the end it just showed him up for what he is and luckily our daughter was mature enough to see that and now wants nothing more to do with him.

Almost Canadian

Of course. As with most things to do with Courts, it is all fact dependent.

rubberduckofdeath

Just my 2p/2c, but I would say being able to see both parents is more important than moving over to Canada where you can't guarantee life is going to be any better than it is now for you or your child.

Aviator

However this is not always the case, depends on each individuals circumstances. There are no guarantees in life, you make your choices as they seem right at the time, sometimes it works out sometimes it doesn't.

helcat12

I am wondering why, if this man was so keen to have regular visiting rights to his son, he would have given consent to this in the first place?

What grounds is he giving for withdrawing his consent now?
Has anything about the arrangements changed?

Surely the courts would take into account that the father originally agreed to the move and take the view that this is just obstructive behaviour on his part to disrupt the plans of his ex?

I am not doubting in any way that a father has a right to block such a move if they want to but to agree until the very last gasp like this and then change his mind now makes me suspect his motives are not purely in the interests of his son or even anything to do with his child and that he could just be acting spitefully.

How much has the father had to do with his child so far?
Has he been reliable and diligent in his care of your son on the visits he has had previously?
Is he financially stable?
Has you been able to discuss the welfare of your child with him in an adult and mature way despite being separated or has he been difficult about things before?

Maybe if he has not been acting in the best interests of the child before by being obstructive in his dealings with you regarding your son, then the court might take that into account.