I want to move back to my country and take my children

Anonymous Asked:

I am Canadian, my husband is permanent resident in Canada. We are married for 7 years. We have 2 children. I don't want to live with my husband anymore (for several personal reasons). I want to move back to my country and take my children. Children have Canadian and my country of birth citizenship's.
Is it possible that I go back to live in my home country with our children and get divorce from there? Even though my husband does not agree with the divorce and doesn't want me to leave with our children.
What can I do in this situation?

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Andrew Heft

9 years ago

You will absolutely need your spouse's or the Court's permission to relocate with the children to another country. Taking them out of the country without proper authorization can be considered kidnapping as your are taking the children away from the other parent.

You should petition the courts here for custody of your children and permission to relocate.

It is also possible to file for divorce in another country but you will need to verify if there are any conditions for doing so in your particular country of choice. One year residency is often one such requirement.

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