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    cherlyn's Avatar
    cherlyn Posts: 2, Reputation: 1
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    #1

    Aug 1, 2010, 07:54 AM
    Can my brother take my daughter to canada and legally marry her
    Can my brother take my daughter to canada and legally marry her
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Aug 1, 2010, 08:00 AM

    Yes, this is "legal" in every Province EXCEPT Ontario and Nova Scotia. It is also "legal" in several States in the US.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Aug 1, 2010, 08:28 AM

    Well one question is how old is the daughter ?

    And also where are you located at.

    Crossing state lines with a minor without parents permission to marry may not be legal in some US states , even if the marriage would be legal if they lived in that other state.
    The marriage may also be annulled by the parent if they come back to the original state and the person charged with interference of custody . ( assuming it is a minor child)
    Jake2008's Avatar
    Jake2008 Posts: 6,721, Reputation: 3460
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    #4

    Aug 2, 2010, 06:35 AM
    Holy jumpin' cow feathers!!

    I did not know that an Uncle could marry his niece legally in Canada.

    So, to the mother of this woman getting married to her Uncle, that would make the mother a sibling to the groom, and mother in law to her own daughter. Add the twin sisters' second cousin's marriage to the first husbands uncles step father, and that is some family picnic!

    Pardon my twisted sense of humour- this just blows my mind on many fronts.
    jmjoseph's Avatar
    jmjoseph Posts: 2,727, Reputation: 1244
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    #5

    Aug 2, 2010, 06:45 AM

    So your brother will be your new son in law?
    And your daughter will be your new sister in law? And if they have children...

    Please let us know what the ages are here. I'm about to bust a vein in my head.
    Jake2008's Avatar
    Jake2008 Posts: 6,721, Reputation: 3460
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    #6

    Aug 2, 2010, 06:52 AM
    I just ran this by my husband, and he says, "Impossible!!" hahahaaa
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Aug 2, 2010, 07:08 AM
    I think I found the reference Judy used. I was able to confirm that Canadian Federal law does not prohibit uncle-niece (or aunt-nephew) marriages. However, I found a different site that indicates its not allow in the US. But I didn't check the states that were listed.

    Surprised me too. But, as Chuck noted, the ages do matter.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #8

    Aug 2, 2010, 07:52 AM

    Massachusetts; Maryland; South Carolina; Tennessee; Georgia; Alabama; Texas; Rhode Island

    I didn't go into individual State sites so some of these might no longer be correct.
    cherlyn's Avatar
    cherlyn Posts: 2, Reputation: 1
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    #9

    Aug 2, 2010, 01:03 PM

    The ages are 49 and 42 to me that makes no difference how can any country allow this to happen it has torn or family apart and it makes us sick to even think about it but in my oppinon no law overrides Gods law and this is unacceptable
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #10

    Aug 2, 2010, 01:05 PM
    Quote Originally Posted by cherlyn View Post
    the ages are 49 and 42 to me that makes no difference how can any country allow this to happen it has torn or family apart and it makes us sick to even think about it but in my oppinon no law overrides Gods law and this is unacceptable

    You asked if he can do it. The answer is that he can. Anything else is your family's opinion and, of course, your family is allowed to have an opinion. A lot of people don't believe in divorce. That doesn't make it against the law.

    I am not all that familiar with the Bible and God's Law. Is this situation addressed in the Bible?
    Kitkat22's Avatar
    Kitkat22 Posts: 6,302, Reputation: 1191
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    #11

    Aug 2, 2010, 01:26 PM

    I'm sorry for your pain. What's wrong with him?
    Jake2008's Avatar
    Jake2008 Posts: 6,721, Reputation: 3460
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    #12

    Aug 2, 2010, 01:36 PM
    I checked this out too, and it is indeed legal. They are both consenting adults, and can (legally) do as they like.

    I hope that you will be able to accept the inevitable, if the marriage goes through, and put your disagreement aside, for your sake, and for theirs.

    To be honest with you, I don't know how I would react if my brother wanted to marry my daughter. It would not likely make me happy is about all I can say.
    Kitkat22's Avatar
    Kitkat22 Posts: 6,302, Reputation: 1191
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    #13

    Aug 2, 2010, 01:42 PM

    I honestly know how I would react!
    Somebody would never be able to have children and it wouldn't be the daughter. I would make Lorena Bobbitt look like Shirly Temple.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #14

    Aug 2, 2010, 01:46 PM

    Your question specifically asked whether it was legal. We checked the laws for you and found out it was legal.

    It shocked me that it was legal as well. And I can certainly understand its affect on a family. Though I must admit I would be much more against it if they were younger. At their ages it does present a different story.

    But not all religion's prohibit it. Can you point out where it is against "God's Law"?
    Kitkat22's Avatar
    Kitkat22 Posts: 6,302, Reputation: 1191
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    #15

    Aug 2, 2010, 01:58 PM

    "Do not have sexual relations with your sister, either your father's daughter or your mother's daughter, whether she was born in the same home or elsewhere" [Leviticus, 18:9 from Niv]


    Here you go.
    Kitkat22's Avatar
    Kitkat22 Posts: 6,302, Reputation: 1191
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    #16

    Aug 2, 2010, 04:43 PM

    How about... The uncle shall not marrieth the niece or he shall be made a very high singing soprano by the mother.


    To the OP I'm not making fun of your situation, but I'm angry that people you love are putting you through this. I wish I had words of comfort. I just don't know what to say... Kit
    Homegirl 50's Avatar
    Homegirl 50 Posts: 10,794, Reputation: 2604
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    #17

    Aug 2, 2010, 09:48 PM

    That is just sick. And it is against biblical law.
    They are some very confused people. Hopefully at their ages they are not thinking kids, I hope they have sense enough not to think kids.
    Kitkat22's Avatar
    Kitkat22 Posts: 6,302, Reputation: 1191
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    #18

    Aug 2, 2010, 10:01 PM
    Quote Originally Posted by Homegirl 50 View Post
    That is just sick. And it is against biblical law.
    They are some very confused people. Hopefully at their ages they are not thinking kids, I hope they have sense enough not to think kids.
    Homegirl ,I think the people who passed this law are sick. I can't believe there are states who pass this law as legal, but there are. It's sicking to think the OP has to go through this. It is against everything the Bible stands for. Apparently the lawmakers don't care much about what the Bible says.
    Jake2008's Avatar
    Jake2008 Posts: 6,721, Reputation: 3460
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    #19

    Aug 3, 2010, 06:07 AM
    In most places in the world, it is okay, and legal, to marry your first cousin.

    We already know that, while the OP doesn't like the fact that it is legal for her brother to marry his niece, her daughter, they could legally do this in most States, in Canada, and many other parts of the world.

    It has nothing to do with God or scriptures. It is a legal issue. If it is wrong for anybody personally, for religious reasons, then don't do it- a personal choice. But legally, you can- if you choose. I'd be curious to find out which churches would perform the ceremonies, and which would not. My guess would be, most churches would perform the ceremony.

    But, the OP asked if it was legal. That is the only issue. Anybody's religious interpretation of that is a personal one, and I respect that.

    But, it is not the law. I think it is fair to say that the question of the legality of an uncle marrying his sisters daughter, has been answered.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #20

    Aug 3, 2010, 07:07 AM

    I totally agree with Jake here. I would also like to add that not all laws allow things. In fact most laws are written to prohibit certain acts. Traditionally courts have ruled that, if something is not specifically prohibited then it is allowed.

    I think that's the case with the Canadian laws. The Federal law specifically prohibits marriage between certain levels on consanguinity. Uncle/Niece or Aunt/Nephew is not specifically prohibited. Where this was by design of the lawmakers or just omission I don't know.

    And on that note I'm closing this thread. If the OP wishes more help, please let me know (via PM) and I will reopen it.

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