Marital Breakdown - no longer going to Sponsor me.. Can't see my kids!!

[CanuckStuck 0]

OF course I gave permission, it was our plan to move down together as a family... When I came back to get our stuff, the border incident happened.

[JohnR! 5,495]

That makes it easier. All you need do is get a lawyer and sort out visitation rights.

OF course I gave permission, it was our plan to move down together as a family... When I came back to get our stuff, the border incident happened.

Edited December 9, 2014 by JohnR!

[Boiler 43,391]

To state the obvious you left.

[Ontarkie 13,902]

OF course I gave permission, it was our plan to move down together as a family... When I came back to get our stuff, the border incident happened.

So it's not in writing as you were in the car with them. As you didn't put it in writing that you give her consent to move the kids permanently to the US. Like John R stated that will work in your favour.

[CanuckStuck 0]

To state the obvious you left.

Troll = Boiler

"So it's not in writing as you were in the car with them. As you didn't put it in writing that you give her consent to move the kids permanently to the US. Like John R stated that will work in your favour"

Even if I signed for their US Citizenship and Passports? --- the intention, until basically 2 weeks ago when everything fell apart in our marriage - she met someone - was for me to be in the USA as the husband and father.

Edited December 9, 2014 by CanuckStuck

[JohnR! 5,495]

All the more so. By signing for their US passports it shows that you couldn't anticipate a custody battle and that bodes well in your favor. Oftentimes courts tend to look with disfavor to the parent who tries to keep the children from the other for no apparent justified reason. Unless you are a proven unfit parent, there should be no reason for your wife to keep your kids from visiting you and that is something a lawyer can help you with.

There is little you can do about the husband/father part if your wife no longer wishes to stay in the marriage but you have lots of room to exercise your right as a parent and sue for full custody or visitation rights.

"So it's not in writing as you were in the car with them. As you didn't put it in writing that you give her consent to move the kids permanently to the US. Like John R stated that will work in your favour"

Even if I signed for their US Citizenship and Passports? --- the intention, until basically 2 weeks ago when everything fell apart in our marriage - she met someone - was for me to be in the USA as the husband and father.

Edited December 9, 2014 by JohnR!

[Ontarkie 13,902]

Even if I signed for their US Citizenship and Passports? --- the intention, until basically 2 weeks ago when everything fell apart in our marriage - she met someone - was for me to be in the USA as the husband and father.

Doing CRBA and their passports is not giving her permission to move permanently. Although after all this time I'm sure her lawyer can say you basically did but this is for a lawyer to fight for you.

[Boiler 43,391]

He did do it.

First he complains about kidnapping and Hague Convention.

Then it turns out they moved to the US, without the appropriate paper work, he made a trip back to Canada and when seeking re entry as a tourist was refused.

Certainly being refused may be a good defence against any claim that he abandoned them. However it seems 2 1/2 years have passed so what happened in this time period could be relevant.

According to him she did not do a runner with the kids.

Family Law is a State matter and from what I have seen States usually do not allow children in such situations out of their jurisdiction.

Edited December 9, 2014 by Boiler

[Ontarkie 13,902]

It is really tricky. They didn't state they were moving to the US when they first crossed the border or he would not of been allowed to crossed the first time. That can be said that they entered as visitors. I don't know if I would count this as child abduction but I would use it to fight for custody of my kids.

It can also be said that Canada still has jurisdiction over the kids, he needs a lawyer plain and simple.

Edited December 9, 2014 by Ontarkie

[Boiler 43,391]

The wife and children are US citizens.

Immigration is Federal so nothing to do with Family Law which is State.

OP stated that they were moving.

[Lemonslice 4,549]

Contact the department of Foreign Affairs, they have agents there to assist you 1-800-394-3472

[Manzan76 6]

If you decide to go the TN visa route, it is very fast to obtain. The only conditions are that you need to have a college degree and a job offer related to your degree in the US for one of the professions listed as acceptable for the TN.

Although it can be granted for up to 3 years if stated in your job offer letter, my guess is that they start you with 1 year since it's your first time applying for it.

[NikLR 13,220]

This guy has the right to fight for custody of his children. In Canadian law, he has joint custody unless he has otherwise stated by a court of law. Even agreements made between people and lawyers count for naught if a court decides in a different manner. If she is keeping them from him, he can fight that in court. He should be the one to file for divorce as you have more rights this way. Also having proof that they were all planning on living together (emails, texts, something...) would bode well in his case, imo. Keep any and all evidence!

[Boiler 43,391]

His wife is not keeping him from his children seemingly. The situation apparently has not arisen as he is in Canada and they are in the US.

If he can move to the US and the same State then access issue's are likely to be a lot simpler.

[NikLR 13,220]

You missed a word there. "If"