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bella_rose · Apr 19, 2009, 08:43 PM

Hi.. my name is Cristina. I am from Eastern Europe,(I’m a landed immigrant in Canada) my ex husband is from Jamaica (Canadian citizen). We got married here in Canada, in 2004 November. In September,2006 I moved out and for the next 2 yrs we were on and off with our marriage, just not living together. In this time, I got pregnant and now we have a 1yr old daughter (Emily) who is born here in Canada. My ex husband wasn't helping me at all on the pregnancy time; he actually made my life a hell even though we weren't living together. After birth I got myself a lawyer and since then we are involved in a very long process regarding custody, child support (because he’s not paying any) and divorce; we didn’t solve anything. The only thing I have is a copy of our separation agreement which is not signed. He is always trying to delay everything. I always let him see Emily if he wanted too even though he doesn’t show much interest plus he’s being very rude to me or to anyone around me without caring about Emily. I don’t think I will be able to deal with this all my life, plus I spent all my money with this process and I am in a very bad financial situation. I am thinking to go back home, in Eastern Europe without him knowing. I just want to know what would it happened and what are the risks? Could the authorities come and take my daughter away from me?

Nestorian · Apr 19, 2009, 08:48 PM

I'm not sure but I highly recommend you call a Lawline. Im a volunteer in a courthouse and I see these things turn super bad super fast. Both parents go to jail some times. But really I don't know what your sistuation is.

What province are you in? I can try to find a lawline and they maybeable to advise you so you can do it legaly.

I'll see what info I can find you.

Low Cost and Free Legal Services
For B.C.

Alberta Law Line | PovNet
For ALberta

I'm not sure if there are any more, I will keep looking.

Legal Line Â® Canada

I'm not sure after that.

ScottGem · Apr 20, 2009, 07:34 AM

Since there has been ongoing activity regarding custody and visitation and since, the child was conceived whil you were married, he has, by default joint legal custody. Without court permission for you to move, you could be breaking the law by leaving the country.

I doubt if the government would come find you, but your husband could pursue it and you might be forced back. Some of this would depend on the laws of the country where you moved to and how much your husband is willing to spend. Of course if you ever set foot in Canada again, you could be arrested.

Its also possible you may be prevented from leaving if you can't get a passport and visa for your daughter.

bella_rose · Apr 20, 2009, 02:51 PM

Originally Posted by ScottGem

Since there has been ongoing activity regarding custody and visitation and since, the child was conceived whil you were married, he has, by default joint legal custody. Without court permission for you to move, you could be breaking the law by leaving the country.

I doubt if the government would come find you, but your husband could pursue it and you might be forced back. Some of this would depend on the laws of the country where you moved to and how much your husband is willing to spend. Of course if you ever set foot in Canada again, you could be arrested.

Its also possible you may be prevented from leaving if you can't get a passport and visa for your daughter.

Thank you for your answer... I still don't know what to do though. I do have a passport for my daughter and I don't need a visa. However it sounds awful about getting arrested. I'm thinking maybe after yrs my daugter would like to come back to Canada, and I'll be forced to stay behind. Thank's a lot again:)

cdad · Apr 20, 2009, 02:58 PM

If you leave as you have said expect a knock on the door and for life as you know it to collapse. What you are planning is nothing short of kidnapping. You need to stay where you are until your finished with the courts and if you feel the need to ask the courts for permission of the move. If you try it without letting him know your breaking the law. There are plenty of international treaties in place and yes the government would step in.
By law they have to.