Will she be able to take the children to a different country?
My husband is a Canadian citizen who has permanent residence in the United States. We are contemplating getting a divorce. He is threatening to take our 3 children to Canada if we do get a divorce. Would he be able to do this?
Answered By: Pacifica Legal Services
The short answer is no, and I mean absolutely NO!! The USA has been a signatory to the Hague Convention on International Child Abduction. He cannot leave the country without a written consent statement from you to take the children across borders. Doing so is kidnapping, Canada will honor the child custody and parental rights you have, and your husband can go to prison. Contact your divorce attorney immediately.
Answer Applies to: California
Replied: 8/26/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/26/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Offices of James C. Bechler, A.P.C.
If you file for divorce in the U.S., the courts here would take jurisdiction and prohibit him from removing the kids without a court order.
Answer Applies to: California
Replied: 8/25/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/25/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Jack C. Sung
I believe taking children without complete parental consent would be kidnapping. I do not think your husband would be able to legally take them with him. If you are worried you can file for an injunction (a.k.a restraining order) to stop him from taking the kids with him. However, you must have compelling evidence that he intends to take the kids with him.
Answer Applies to: California
Replied: 8/25/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/25/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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