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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101031
Experience:  Lawyer
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My wife and kids were living with me in Florida for more

Customer Question

My wife and kids were living with me in Florida for more than two years. She just take them one day and took them to Quebec. I filed a motion for children pick up in Florida and the jugde granted it. How do I "domesticate" that order in Quebec or have the Quebec court enforce it ?.
Thanks
Submitted: 10 months ago.
Category: Canada Law
Expert:  Debra replied 10 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 10 months ago.

I am sorry to hear this.

Does the order give you sole custody of the children?

Customer: replied 10 months ago.
it does.
Expert:  Debra replied 10 months ago.

Did someone tell you that you had to go through the courts in Quebec or is this just what you are guessing?

Customer: replied 10 months ago.
Well they told me that I cant just get the order and travel to Canada with it and go to the police station. That if i do that would probably get me arrested. I have the order, what is the process to get the kids here ?.Thanks a lot.
Expert:  Debra replied 10 months ago.

What you do is you take this to the police in your city.

The US and Canada are both signatories to the Hague Convention on the Civil Enforcement of Parental Abductions.

That means the authorities in the two countries will work together to bring the children home.

You do not need to go to court in Quebec at all.

Does that help?

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 10 months ago.
that is it?. I talked to the people on the hage convention but they told me i have to fill up the application and tons of paperwork and that it will take months. That i would rather go down this path of getting the order and take it through the canadian courts. You are saying I just take this to the police station and they will take care of everything ?
Expert:  Debra replied 10 months ago.

I don't know if it takes months for the authorities in the US to act. I am a lawyer in Canada.

In Canada we take the order to the RCMP and they get started. We do not take the order to the court in the US.

But perhaps if it takes that long you should first have a lawyer in Florida or Quebec send the mother a letter stating you have the order and if she doesn't bring the children home the RCMP will attend and bring them back to Florida and it will be harder on them and on her etc.

Customer: replied 10 months ago.
I am not sure if I make myself clear. As you can guess this is all new to me. The lady that told me that was a representative of the hage central authority in washington DC. To start the process with them I dont really need that order. But she told me to get the order, and have it recognized in Canada. This is actually the oposite of the hage convention because it is recognizing Canada jurisdiction. But she said it would be much faster. What you are saying is that I take the order to police here and they at the end do the same that i would do , going through all the process of the hage convention ?. Or that they just send everything to the RCMP there and they go and get my kids ?.
Expert:  Debra replied 10 months ago.

I am saying that the point of the Hague Convention is that all the signatories to the convention co-operate and each recognizes the order from the home country.

The Quebec court has no jurisdiction over the children. They don't reside there. This is parental abduction. You don't want to attorn to the jurisdiction which means you don't recognize it and if you do the mother can seek to get her own order there.

I suggest you speak to the police as your first step.

Customer: replied 10 months ago.
Thank you. But back to the original question, in case the police tell me they dont do that here. What would be the process to take a US order to the quebec court ?
Expert:  Debra replied 10 months ago.

That doesn't make sense based on what I've told you. You would be recognizing the jurisdiction of the court and then can hurt your position.

But if you want to go that way then you would need to retain a lawyer in the city where they kids are currently in and have that lawyer seek enforce that order through the court there.

It would be a complicated situation and it not going to be possible to proceed on your own.

Customer: replied 10 months ago.
I will check with the police here. After I do that I will rate your response. Thanks a lot.
Expert:  Debra replied 10 months ago.

You should also consider checking with the RCMP and asking them what they need.

Expert:  Debra replied 10 months ago.

Can you let me know what happened?