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Canadian Mom, American Dad w record, Canadian born child...Divorce

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  • Canadian Mom, American Dad w record, Canadian born child...Divorce

    I am a Canadian who has children from previous marriage. Met American man with prior criminal history (many assaults and 1 sexual assault-1991) convictions, drinking/driving convictions for US. Last conviction in 2002. He stopped drinking and I have never known him to drink. Married in US in 2003, and started applications for admittance to Canada. Temporary residency granted in 2004 when I was pregnant with our daughter. Temporary residency always extended until permanent residency can be applied for, since inadmissable.
    He has major anger issues, but never physically attacked, but has verbally and throwing things, etc. Tried to provoke one son to a fist fight, and that is when I ended it - 2008. I revoked Sponsorship for him to get Residency, as I would have been responsible for him for at least 3 years. 10 years max.
    Our daughter is now 5 1/2 and we are going through court. He has mentioned twice that he could take her out of the country and get her American passport and change her citizenship and not bring her back, "however i wouldn't do that" was told to me. Another occasion he said that if he had to go back to US his daughter would be going too. What if he doesn't get to stay in Canada? Must she go to him in US?
    He is being a good dad for what I can see not living with him now. She loves us both. I've gone through terrible years with him so my daughter wouldn't be denied her father in her life. Scared how he will be later.
    We are sharing time with her. I probably will agree to shared custody and guardianship, but I want her more time with me. He wants equal time. We are still going through divorce proceedings, and now he is requesting we both agree to her getting a US passport. I am so scared about this, even though I have noted that she is not to leave the province without both of our consent, and that she resides in a certain city, where we both live now. Can I deny a US passport? Can he still get it without me? Please help me.
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    No, get joint custody
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    No, do something else
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  • #2
    Re: Canadian Mom, American Dad w record, Canadian born child...Divorce

    I'm wondering how he was even allowed entry into Canada, with his record. If you have so much as a DUI, Canada won't allow you into the country. Unless, of course, you're a certain "president" from Texas.

    Comment


    • #3
      Re: Canadian Mom, American Dad w record, Canadian born child...Divorce

      Yes. It was difficult, but I think us being married and having a baby, with me living in Canada. He had gone through lots of AA, and hadn't drank for almost 10 years, but had relapse and dui that day...

      Comment


      • #4
        Re: Canadian Mom, American Dad w record, Canadian born child...Divorce

        That doesn't matter. Going to AA does nothing to help him into the country and it doesn't matter how long ago his drinking ceased, he had a record of not only DUI, but assault and SEXUAL assault. Under those conditions, he would still have not been allowed entry UNLESS his record had been expunged. Something about the criminal convictions story is fishy.

        The child is considered to have dual citizenship. Canada recognizes it. U.S. doesn't. If you do not sign the paperwork allowing her a U.S. passport, he will be unable to obtain one on her behalf.

        He can't take her with him unless you allow it. No, she doesn't have to go with him if he goes back to U.S. That is entirely up to you. You can involve the courts. Are you divorced from him now? Is there a custody order in place?

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        • #5
          Re: Canadian Mom, American Dad w record, Canadian born child...Divorce

          Well...it happened. There was an perosnal interview, lot of paperwork, and then a temporary was issued for a year while we had the baby, and then it was extended with more interviews, etc. I don't know what the situation is now, extended visitor or what (as we don't talk of course), but I am sure it still is. The times have lapsed since the charges/convictions for the cases to be made definitely inadmissable. So they look at each situation. This is as much as I can give you.

          We both have lawyers and trying to work through agreement for divorce. Getting closer, but I am scared of what I agree to and what could happen legally if things are put on the agreement paper. We are in court next week twice for examination of discovery. I don't want my lawyer to forget something or I could be hooped.

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          • #6
            Re: Canadian Mom, American Dad w record, Canadian born child...Divorce

            Don't agree to anything you are not 100% comfortable with. It's highly possible Canada will boot him back to the U.S., especially with the divorce going on.


            Unless one legal parent is deceased, a child needs the signature of both legal parents in order to get a passport. Simply do not sign anything relating to your child receiving a passport. She already has a Canadian passport. That is really all she needs anyway, in order to enter into the U.S.

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            • #7
              Re: Canadian Mom, American Dad w record, Canadian born child...Divorce

              If they send him back, I have no problem with me bringing her down to visit if it isn't too far. We were both on different sides of the continent when we met. If he does get joint custody and guardianship, does this mean that if later down the road he was sent back, that he would still have the right to see her 1/2 the time?

              I thought that Canada would have booted him back earlier when I stopped my sponsorship back in May, but they haven't yet. I think his immigration lawyer has him here now on humanitarian and compassionate grounds or something 'fefugee act'.

              Thanks for your responses.

              Comment


              • #8
                Re: Canadian Mom, American Dad w record, Canadian born child...Divorce

                Yes, he would still be entitled to his visitation. The problem with that is, the onus would be on you to get your child to and from his residence in the U.S., if he were to be deported back to the U.S.

                You're welcome for the responses, and post back with updates regarding your court hearings and how they went. Good luck to you!!

                Comment


                • #9
                  Re: Canadian Mom, American Dad w record, Canadian born child...Divorce

                  I will post updates. Thanks again.

                  Comment


                  • #10
                    Re: Canadian Mom, American Dad w record, Canadian born child...Divorce

                    Hi. It is all opposite for us right now. My sister is American and the boys dad is Canadian. No, he cant get her a passport without your signature. My sister had to have their father sign. Once the boys got a little older they chose where they wanted to live. They both have dual citizenship but it needs to be filed before age 17or they will have problems transferring back and forth. Her son in Canada had decided to move down here but he just turned 17. He cannot come down here at all right now. It is better to get all that early....age 16 at least so she can have both. However, just as a warning. A court order that is not done a specific way, using both an American and Canadian Attorney can cause you some grief with custody. With your husbands record, you need not worry much. Use both lawyers and get the custody order in both countries so if he does not return her, you can file kidnapping charges on him. My sister could have kept both of her boys because attorneys and cops told her that the court order her husband had was out of jurisdiction. We are currently fighting to see if we can get my nephew to be able to go to both countries. Best of luck and hope all turns out well for you.

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                    • #11
                      Re: Canadian Mom, American Dad w record, Canadian born child...Divorce

                      That is interesting and informative, He is not using a US lawyer. He is using another lawyer here in Canada. I am meeting with my lawyer today so I will mention some of these things from the replies in this forum. Thanks.

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                      • #12
                        Re: Canadian Mom, American Dad w record, Canadian born child...Divorce

                        You really cannot get custody orders from both counties, for a couple of reasons.

                        1. Canadian family court laws differ from that of the U.S.
                        2. Canada recognizes dual citizenship but U.S. doesn't.
                        3. You must take care of matters such as child custody in the country you reside in.
                        4. The U.S. has no jurisdiction over Canadian laws, and vice versa.

                        The children don't need two passports. They only need one in order to be able to freely go back and forth between countries. Canada does not require a passport in order to enter the country. Only the U.S., and a Canadian passport is more than sufficient documentation to allow them entry when they wish to visit their father, IF he moves or is deported back into the U.S.

                        As a Canadian citizen, you cannot use the American courts in order to bring child custody matters to hand. You do not reside in the U.S.

                        The only time you would need an international attorney is if your husband kidnapped the children. That has not happened.

                        The last poster's nephew, if he has a passport for either country, can go back and forth. He does NOT need BOTH a U.S. passport AND a Canada passport.

                        Comment


                        • #13
                          Re: Canadian Mom, American Dad w record, Canadian born child...Divorce

                          Correction on the word counties. I meant that to read countries. Missed the r there. Sorry.

                          Comment


                          • #14
                            Re: Canadian Mom, American Dad w record, Canadian born child...Divorce

                            Thanks again. i definitely will not go for a US passport as well. Went to the lawyer today, and it looks like he has now had a short work permit granted and within a VERY short time will need to go back to the US, since it is expiring. Who knows,...another extension may be granted. Interesting how he had been pressing for the other passport when he knew this was upcoming. Anyhow, hopefully all will be settled by the end of the week. Fingers crossed.

                            Comment


                            • #15
                              Re: Canadian Mom, American Dad w record, Canadian born child...Divorce

                              My husband's lawyer is requesting that I help in getting US Citizenship for our daughter. My lawyer tells me that he can get this even without my consent. They are not asking for a passport at this time. For me, it sounds like it is one step closer to him getting a passport and making her a US resident where he will keep her from me one day. Can he get US Citizenship for her if she was born in Canada, and has lived here in Canada for 5 1/2 years, and we have joint custody and joint guardianship? In the application for US Citizenship it asks "Do you have legal custody"....well, yeah...part of the time. Your earliest reply is very appreciated.

                              Comment

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