Out of Country Wife Not Letting Me Move With My Child

Anonymous Asked:

My wife and I have been separated for 17mo. She lives in another country, Turks & Caicos with one of our sons. I have one here in Canada but am planning on moving to the US. Our divorce papers still need to be completed. She does not like the idea of me taking my other son to the US and is now threatening to call the Ottawa Police on me if I choose to do so. With her living in another country, can she do that? What are my rights? My other son is coming to Canada in June. I have been told that I can withhold his right to return to Turks.

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A Family Lawyer

10 years ago

Absolutely, the mother of the child in your care may most definitely have a role and say in where that child will live. There is no custody order. Your options are to consult with a family law lawyer to go through the process to obtain a signed Separation Agreement and negotiate these issues to a successful resolution or go through the court process to litigate the matter and obtain a court order possibly from the Ottawa Family Court. In respect of preventing removal of a child from Canada, you would need to register a court order with the Passport Office and also obtain an order for the withholding of the wife's and child's passport (s. 37 of the Children's Law Reform Act). There are other measures such as posting bond or security, etc. As I am unable to provide opinions or advice on this website, I cannot provide further comments then what is already here.

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