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Ask Legal Ease Your Own Question
Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 95896
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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I am Irish. Can I leave Canada with my Canadian daughter?

Customer Question

I am Irish. Can I leave Canada with my Canadian daughter?
Submitted: 6 months ago.
Category: Canada Family Law
Expert:  Legal Ease replied 6 months ago.
Are you asking but moving a minor child to Ireland without the consent of the other parent?
Customer: replied 6 months ago.
I will hopefully have consent. But he changes his mind a lot. I'm just wondering if he doesn't give consent, can I still leave?
Expert:  Legal Ease replied 6 months ago.
No.That would be parental abduction. You need the consent of the father or else a court order giving you permission to do this or else you cannot take the child to live in Ireland. It has nothing to do with citizenship but it is about moving the child from the child's habitual place of residence and away from the other parent.
Customer: replied 6 months ago.
What would I need to do to get a court order?
Customer: replied 6 months ago.
If he does give consent can he change his mind in a few years and make me bring her back to Canada?
Expert:  Legal Ease replied 6 months ago.
You would need a lawyer to assist you as this is very complicated and it is very hard to convince a court that you should be able to move the child if the father doesn't consent. In fact you very well may not be able to do this so you should retain an experienced family lawyer that has a lot of experience in mobility rights cases.If he consents and changes his mine a few years better he will have to go to Ireland to convince a court there that moving her back is in her best interests.
Customer: replied 6 months ago.
He was arrested but not charged for something serious and that's why I want to leave. I worry about my daughters safety.
Expert:  Legal Ease replied 6 months ago.
Then it may be the court will agree but as a layperson you are at an enormous disadvantage without a lawyer.
Customer: replied 6 months ago.
Ok thanks for your help
Expert:  Legal Ease replied 6 months ago.
You are very welcome. I sincerely ***** ***** works out for you and your daughter.

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