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Debra
Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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My son moved to Canada and married a Canadian girl they have

Customer Question

My son moved to Canada and married a Canadian girl they have a child.I assume that the child has dual citizenship. The issue is does he have the right to transport the child to the states? My sons mother has cancer and he'd like to bring the child to the states for his mother to see. Yes, the issue is with the birth mother in Canada for some reason she thinks its a designed narrative to get the child state side and not return him to Canada.
JA: Thanks. Can you give me any more details about your issue?
Customer: What other type of details do you need?
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Submitted: 1 year ago.
Category: Canada Law
Expert:  philip.simmons replied 1 year ago.
Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. I am here to help
Also, if you would like to chat on the phone, let me know and I can make that happen.
Expert:  philip.simmons replied 1 year ago.
Can you tell me is there a court order involved here? Or do you know?
Customer: replied 1 year ago.
No, I have advised my son to seek out an attorney in Canada. He is still an American with some type of status that will allow him to work in Canada. They haven't separated and are still married. Unfortunately, his wife has been diagnosed with a mental disorder and doesn't really trust anyone.
Expert:  philip.simmons replied 1 year ago.
Thank you. If he is a US citizen and his child was born in Canada his child is also a Citizen. So he can bring his child to the US if he likes. There is no law prohibiting this.
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.
Customer: replied 1 year ago.
Can his wife have him charged with kidnapping for trying to cross the border? Or should he go to the American Consulate to get help with passage?
Expert:  philip.simmons replied 1 year ago.

That I do not know...let me send this on to an expert versed in Canadian law.

Expert:  philip.simmons replied 1 year ago.

No need to respond...if someone can answer this question they will reply here

Expert:  Debra replied 1 year ago.

Just to confirm, they are not separating but the mother doesn't want him to take the child to the US for a visit?

Customer: replied 1 year ago.
but they are having marital issues, due to her mental issues.
Expert:  Debra replied 1 year ago.

This would not be a case of parental abduction as he is just going to the US for a visit.

But he could be asked for a letter from the mother stating she is consenting to the trip and if he doesn't have this then he may be stopped at the border and will not be able to leave Canada.

As well if she convinces a judge that he is not going to come back she may get an order in his absence that can cause him a lot of trouble.

So his best step would be to apply to the court for an order allowing him to take the child to visit in the US.

Customer: replied 1 year ago.
she wouldn't sign a letter. So, my instructing him to contact a lawyer in Peterborough ON was the way to go!
Expert:  Debra replied 1 year ago.
it was. I hope this works out. As we are done please rate me so that I can receive credit for my work.

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