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leaving the country with a child non Canadian

Anonymous Asked:

I moved to Canada with my husband 7 months ago. We have considered separation. If we do separate, I have no rights to live in Canada, and will return to the US. He has threatened to forbid me from leaving with our child.

What are my rights to leave? with my child?

Also, would this be different if I did have the right to live in Canada separate from my husband. That is, if I was issued a Visa/work permit based on my own status and was legally allowed to live here in a separate domicile. Could he forbid me from leaving and returning to the US should we separate?

Thanks.

Expert Comment:

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The question you are asking deals with custody and mobility rights. The issue of mobility is complicated and is fact driven. I suggest you contact a lawyer in your area for advice specific to your case.

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