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Canadian Child taken to America and lost for the last 8 years!!!

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  • Canadian Child taken to America and lost for the last 8 years!!!

    It saddens me greatly that I need help with my problem just for the simple fact no parent should ever prevent a good parent from knowing there child!! So I might as well just tell you in hopes a lawyer will read this and help me or someone else that has any help. I live in Ontario Canada with my common law husband, a few years before we met he had a baby boy, at the age of 2 his ex girlfriend ran off with the child to the States. She got married and changed her last name. Making the search even harder. Anyway he has no custody order and has never been to court over this also she wouldn't let him sign the birth certificate. After years of searching with no results she finally got a hold of my husband on facebook she talked to him for a day let him see 1 picture of his now 10 year old son and then she vanished all over again! But this time we have her full name. So I've spent hours online finding information about her! We have her phone # and address so she hasn't totally vanished yet but we have to figure out what to do before we can't find her again. As i said we are in Ontario, Canada and she is currently in the state of florida, we just don't know how to go about getting my husband his rights. To me it's seems like she should be charged with kidnapping or something but doubt that will happen. Anyway if there is anyone out there that could give me some legal advice or even who I need to get a hold of I just really need help!!!

    Thank you so much in advance!!

  • #2
    Re: Canadian Child taken to America and lost for the last 8 years!!!

    The mother of the child has automatic custody because the child is not from a wedding. However, in Ontario father of the child has automatic right to access. Further, in case if the father wishes to have custody then he has to go to court in order to have the custody. He has to show to court that the best interest of the child is with his father. Court considers best interest of child as basic consideration for determining custody of child. As regards determining paternity it can be determined in court by paternity test. Further under Hague Convention child can be extradited to Canada as both Canada and USA are signatories to this Convention.

    AFF

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    • #3
      Re: Canadian Child taken to America and lost for the last 8 years!!!

      This is a case in which the mother obviously wanted complete control over the child.

      That said, no advice can be given to you on what you should or can do, as you are an uninterested (in the eyes of the law) party to this matter and legally can do nothing about it.

      If your husband wants to do something about this, he must get the ball rolling himself. You must remain neutral in this or you will risk his chances.

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