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Can my spouse stop me from bringing my kid to another

country for vacation once we...
Can my spouse stop me from bringing my kid to another country for vacation once we separate?
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Answered in 2 minutes by:
10/16/2017
Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 105,514
Experience: I am a practicing lawyer and have also been an online professional for 5 years.
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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It is possible that your spouse can try but if you don't have sole custody you can still go to court to get an order allowing you to travel with your child.

So long as there is no fear you will abduct the child a court will allow this.

Please be sure to rate each post after we are done.

Thanks

Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 105,514
Experience: I am a practicing lawyer and have also been an online professional for 5 years.
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Customer reply replied 9 months ago
it is beyond my control to make the decision? How about now that we are not separated. Can he still stop me?

Unless you have a court order he can stop you.

He can refuse to provide you with a permission to travel letter and he can call Canada Border Services and report a concern about parental abduction and you may be stopped at the border.

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Customer reply replied 9 months ago
That is sad but I let him bring my kid anywhere. How will I protect myself from him?

You will get a court order if you have to. It happens all the time and it is sad. But he will lose and will stop.

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Customer reply replied 9 months ago
Thank you. He is also getting my kid's attention so she will choose him than me. Is it true that my child can choose when she's 9 who to live with? Or do I get more rights because I took care of her most of the time but since she is maybe 6, he started reading her stories every night and sometimes go out during the weekend just the two of them.

She does not get to choose at 9. That is not at all the law. She will get to have her wishes given some weight when she is about 12. But eve then she doesn't get to decide.

It is not about parental rights. It is about the needs of the child. If you are the primary caregiver that will give you a much stronger case.

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Customer reply replied 9 months ago
What is the basis of primary caregiver? I do bath her, prepare her food and do all other things for her but lately her dad participates in putting her to bed and sometimes shower.

It sounds like you do most of the care and now he is doing a bit. If this is a change it could be because a lawyer advised him to do this.

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Customer reply replied 9 months ago
but my mom and sister are helping us in taking care of my child.My worries is that my child listen to her dad more than to me

I already said that a child's wishes at 9 are not going to be matter.

And the fact that you have family help makes your case better as I also explained last night.

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Customer reply replied 9 months ago
Thank you. But my family are here as tourist for 3 years now. Does it matter?

No that has no relevance.

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Customer reply replied 9 months ago
Thank you for your help.

You are very welcome!

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