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Custody over children on a skilled worker visa

Custody over children on a skilled worker visa

Old Sep 29th 2010, 11:20 am
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Default Custody over children on a skilled worker visa

My partner and I came to Canada on a skilled worker visa which I had applied for. My partner now wishes to return back to the UK with our child. We are all British citizens.
Has anybody been in this situation and offer any advice as to if my partner can take our child out of Canada back to the UK or can our child reside in Canada?
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Old Sep 29th 2010, 12:04 pm
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Default Re: Custody over children on a skilled worker visa

You need to speak to a lawyer, hope things work out for you
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Old Sep 29th 2010, 1:37 pm
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Default Re: Custody over children on a skilled worker visa

Originally Posted by dave sully
My partner and I came to Canada on a skilled worker visa which I had applied for. My partner now wishes to return back to the UK with our child. We are all British citizens.
Has anybody been in this situation and offer any advice as to if my partner can take our child out of Canada back to the UK or can our child reside in Canada?
If you have lived in Canada for more than a year, your partner will not be allowed to remove the child from Canada without an Order from the Court. Even if you have not lived in Canada for a least a year, there is an argument that may be made that your Province has jurisdication due to the child being "ordinarily resident" in your Province.

If you have not lived in Canada for at least a year, and if you came from England or Wales, England and Wales is still likely to have jurisdiction over your child and one of you will need to make an Application over there to resolve the issue.

I have no idea about the law in Scotland.

Best of luck
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