CJ6680

My sister is planning to come to canada in april, she is divorced and has full custody of her daughter since birth, he is now saying he can stop her leaving the country with her daughter and we need to know if this is correct, what are her rights in canada regarding her daughter and her.

Andrew Miller

As long as parent has not lost parental rights (nothing to do with custody)
then such parent may object to and prevent his/her child being taken out of
the country by the other parent. So, your sister needs a notarized consent
from her daughter's father or to have a court decision allowing her to take
child abroad or stripping father of his parental rights. She won't have any
different rights in Canada in the matter. If she somehow manages to take the
child abroad against the wish of child's father she may be in big legal
problems. As far as Canadian law is concerned - she cannot immigrate to
Canada with her daughter without father's consent or proper court order.

--

../..

Andrew Miller
Immigration Consultant
Vancouver, British Columbia
email: [email protected]
(delete REMOVE from the above address before sending email)
________________________________


"CJ6680" <member13950@british_expats.com> wrote in message
news:[email protected]...
    > My sister is planning to come to canada in april, she is divorced
    > and has full custody of her daughter since birth, he is now saying
    > he can stop her leaving the country with her daughter and we need to
    > know if this is correct, what are her rights in canada regarding her
    > daughter and her.
    > --
    > Posted via http://britishexpats.com

CJ6680

She has full parental responsibility and he has access when he feels like it, according to english law the only way he can stop her is to apply for a residency order, he was told this by his solicitor yet he has not applied. there was no custody hearing, my sister has full custody should she go to court to get a judge to say she can leave or should it be up to him to go to the courts to stop her.

Andrew Miller

She needs either father's consent or court order.

--

../..

Andrew Miller
Immigration Consultant
Vancouver, British Columbia
email: [email protected]
(delete REMOVE from the above address before sending email)
________________________________


"CJ6680" <member13950@british_expats.com> wrote in message
news:[email protected]...
    > She has full parental responsibility and he has access when he feels
    > like it, according to english law the only way he can stop her is to
    > apply for a residency order, he was told this by his solicitor yet he
    > has not applied. there was no custody hearing, my sister has full
    > custody should she go to court to get a judge to say she can leave or
    > should it be up to him to go to the courts to stop her.
    > Originally posted by Andrew Miller
    > > As long as parent has not lost parental rights (nothing to do with
    > > custody)
    > > then such parent may object to and prevent his/her child being
    > > taken out of
    > > the country by the other parent. So, your sister needs a
    > > notarized consent
    > > from her daughter's father or to have a court decision allowing
    > > her to take
    > > child abroad or stripping father of his parental rights. She won't
    > > have any
    > > different rights in Canada in the matter. If she somehow manages to
    > > take the
    > > child abroad against the wish of child's father she may be in
    > > big legal
    > > problems. As far as Canadian law is concerned - she cannot
    > > immigrate to
    > > Canada with her daughter without father's consent or proper
    > > court order.
    > >
    > > --
    > >
    > > ../..
    > >
    > > Andrew Miller
    > > Immigration Consultant
    > > Vancouver, British Columbia
    > > email: [email protected]
    > > (delete REMOVE from the above address before sending email)
    > > ________________________________
    > >
    > >
    > > "CJ6680" <member13950@british_expats.com> wrote in message
    > > news:[email protected]"]news:1196358.1074960-
    > > [email protected][/url]...
    > > > My sister is planning to come to canada in april, she is
    > > divorced
    > > > and has full custody of her daughter since birth, he is now
    > > saying
    > > > he can stop her leaving the country with her daughter and we
    > > need to
    > > > know if this is correct, what are her rights in canada regarding
    > > her
    > > > daughter and her.
    > > > --
    > > Posted via http://britishexpats.com/"]http://britishexpats.-
    > com[/url]
    > --
    > Posted via http://britishexpats.com

CJ6680

ok thankyou