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Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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Can my Canadian ex wife apply for a card for our Canadian

Customer Question

Can my Canadian ex wife apply for a green card for our Canadian son without my permission?
Submitted: 11 months ago.
Category: Canada Law
Expert:  Debra replied 11 months ago.

I am sorry to hear of this difficult situation.

How old is your son?

What order or agreements are there with respect to custody and access?

Is she plannin to move him to the US?

Customer: replied 11 months ago.
He is 8 we had a parenting agreement ThY permitted her to move with him to Michigan. Sad soon as she moved she ignored our agreement. In order to see her I had to seek protection from the local court. We have a ordered parenting agreement. We have joint custody. Now I found out she applied for and got a green card for him. It was nwlever mentioned in out agreement (either one) I believe she claimed sole custody on the application, but she refuses to produce a copy. I want to know if she is allowed to get a green card without my permission. And if not what I should do. My American lawywe has been reluctant to pursue the application, as she is trying to calm the waters. However. If she lied, perhaps he can be returned to his home cou.try and father. Thanks
Expert:  Debra replied 11 months ago.

Are you asking about the law from the Canadian point of view or the American point of view?

Customer: replied 11 months ago.
Expert:  Debra replied 11 months ago.

As you have joint custody she breached this order by making this decision and taking this step without your consent.

Joint custody means that neither parent may make a major decision on their own and this was clearly a major decision.

Does that answer your question?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 11 months ago.
Doesn't answer my question at all. Obviously she breached joint custody. But what or who cares and will help remedy this. What are the potential consequesez. She deceived me and took our son out of the country, now has taken steps to change his citizen status. Is this kidnapping, fraud, immigration fraud????? What laws has she broken? Will the Americans care? What will they do,
Expert:  Debra replied 11 months ago.

She is not changing his citizenship. He will still be a Canadian even if eventually he also becomes a US citizen.

Applying for a Green Card is not kidnapping.

If there was an order that she could not leave Canada with your son then that is parental abduction. But you agreed in the order that she could move to Michigan with him.

But applying for immigration status is not kidnapping.

I don't know if she committed fraud because we don't know what she put on the Green Card application or what she had to put. I don't know what is needed because that has nothing to do with the law of Canada. Nor do I know what the Americans will do or who down there will care. As I've said I only can answer about the law in Canada. I am a family lawyer in Canada.

The court on Ontario no longer has jurisdiction over your son as he now habitually resides in Michigan.

If you want to change the order you need your US family lawyer to assist you.

Do you see what I mean?

Customer: replied 11 months ago.
Well on o e hand you say she can't do it, but then she already has so Canada can't help me?Not satisfied with the quality of your response. You spent more time typing than thinking . Not at all worth payingmoney for
Expert:  Debra replied 11 months ago.

That is not what I am saying and you are also shooting the messenger.

I said she breached the order.

That doesn't mean it is kidnapping.

It means you can find her in contempt of court.

If you want to address custody that must be done in the US.

I don't make the laws but since I've been a family lawyer since 1985 I can assure you that I understand them and usually no one finds me difficult to understand. I know you are upset and that may be why you are not following what I am saying.

But to be fair to me my first question was do you want to hear about the law in Canada or the US. You said Canada. So I answered and answered correctly whether it is what you wanted to hear or not.

Customer: replied 11 months ago.
Not shooting the messenger, but the message is useless as it was without laws backing the messenger. If you wish to get lId you have to do the legal work. You havnt yet once ores a law. You will not get paid by me for this.
Expert:  Debra replied 11 months ago.

I realized a while back I wasn't going to get paid. I keep posting because I feel badly for you and want to help.

I don't think I can though because you aren't listening to me.

I will try one more time.

The law in Canada and the US determine when a court has jurisdiction over someone. The laws are consistent in both countries. It is only the court in the jurisdiction where the child habitually resides that has jurisdiction over the child. So your child comes under the jurisdiction of the court in Michigan now.

Had your child actually been kidnapped then both countries are signatories to the Hague Convention and the authorities in both countries would work together to bring your child home. That is not the case because the mother had consent to move the child.

She did breach a court order. You can seek to have her found in contempt.

If you want to change the custody arrangement the only way to do this is the in the court in the US.

If you want to try and set aside the Green Card that too must be done in the US.

I don't know how you do that as I am a family lawyer in Canada.

Is that clearer?

I know you don't want to pay and if you feel a free answer is something you are entitled to that is fine. You've paid the site but they won't release my portion of what you paid them to me and if that makes you happy that is fine. Truly, I am not asking you to pay me. I am trying to help you as you've been very hurt but if you prefer to insult me, if that makes you feel better, you've done it twice already go ahead. It won't make a difference here. I still feel badly and still want to help. But I will give up if you want me to after this.

Customer: replied 11 months ago.
I have not insulted you. You still have not cited a law or told me anything that a small child doesn't know. You have not provided a professional service , that's why I'm not gonna pay you.
Expert:  Debra replied 11 months ago.

Take good care. I hope this works out but really you will find it easier to get help if you are more respectful and stop insulting those who want to help.

I tried my best.

Customer: replied 11 months ago.
Sorry. Again you did t really try very hard. You have spent more time defensively than usefully. I have not insulted you. You are correct that I have been decreadingly respectful, but as our co versation has extended itself for so lo g without any actual contribution of legal answers. I have found myself lacking any respect for you. All you have done is try to guilt me into paying you for useless advice

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