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Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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ref: debra thal Hi, Since our last conservation not much things have changed, we are still residing in Québec. I did not hurry to go in court because the issue of home-schooling. All visitations were a nightmare because of the worry that the father will not return the children. Especially that the father asks every visit to go around with the children, and since my family refuse him this, it’s started a conflict each and every time about the issue of going around unsupervised with the children. The father has offered a signed “Solemn Declaration”, that states as follows: “I declare under oath that I have no intention to leave the country with our children and I will diligently respect the time of return for the children at the end of each visitation. (Full document attached) I am not sure of its legal standing. If the father takes the children abroad or disappears with them domestically, what is the legal status of the solemn declaration in terms of prosecution and and the court’s power to return the children? Thank you,

Sorry this is still going on.

The declaration would help you get a court order but you would still need a court order for the police to be able to assist you.

So what you need is an Order forbidding him from removing the children from the jurisdiction and for you to keep their passports.

And you should contact Canada Border Service and file a warning that you are concerned about parental abduction.
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