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I am a canadian stay at home father living in NYC. My

Hi, I am...

Hi, I am a canadian stay at home father living in NYC. My partner is a ER physician and is extremely emotionally abusive when things are not going her way. She has called the police multiple times to "defuse arguments" I and currently in Canada with my son visiting my parents and his grand parents. She is back in NY and threatening that when we return she wants me to pack my bags and leave. I am my sons primary caregiver and have been for two years, he is now three.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

This is a family law question

Lawyer's Assistant: Has anything been filed or reported?

Yes on multiple occasion but I want to know what my rights are

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Answered in 2 minutes by:
5/27/2017
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,580
Experience: Lawyer
Verified

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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I am sorry to hear this.

Are you asking about the law in Canada or the US?

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Customer reply replied 1 year ago
If she is threatening me and I feel its unsafe to return to New York can I stay here with my son ?
Customer reply replied 1 year ago
Sorry Im not wealthy

Was that about the phone call? I am not the one asking for it.

Why do you feel it's unsafe to return to NY?

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Customer reply replied 1 year ago
she has called the police 3 times and it usually starts when she is in these moods
Customer reply replied 1 year ago
I fear she is trying to incriminate me to keep me from my son
Customer reply replied 1 year ago
I have never threatened her, raised my hand at her ... Yet she will fabricate something

From a Canadian law perspective you would not be able to decide not to return the child to the home. It is in fact a clear case of parental abduction.

In Canada you would need to get an order from the Court allowing you to move the child.

Canada and the US are both signatories to the Hague Convention on the Civil Aspects of Parental Abduction. What that means is that if she gets an order in the US for custody the authorities in the US and the RCMP will work together to bring you child home.

In Canada if this happens and a parent takes the child out of the home the court would grant interim sole custody to the other parent without notice to the parent who took the child away.

So your best next step is to retain a lawyer back home and have that lawyer proceed to court urgently if you believe that your child is in danger because it sounds like she has mental health concerns.

I know that is not what you wanted to hear but you need to be very careful a this point.

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.

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Is there anything more I can help you with at this point in time?

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This just appeared on my open list. Is there something more you need help with? This seems odd as I don't see your reply and it's been almost a years since we communicated.

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Customer reply replied 4 months ago
Hi Debra, Yes you might be able to help. to make along story short... My crazy partner in above thread is now trying to use this as evidence in a custody battle say that I was trying to abscond my son from the US. She went through my email account and printed off the answer portion of our thread. I am trying to print the entire thread as the question portion holds the truth as I was only trying to protect myself and contacted you understand my rights.

I am happy to help. But I am not willing to continue on this post. You never rated me and so I was not paid.

Please rate this post now and then start a new post for this new question.

Thanks

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Customer reply replied 4 months ago
I am sorry

That's fine. Just rate me now and it will repair my stats which have been harmed from this answer not being rated and it will let me get paid and then we can continue on a new post.

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Customer reply replied 4 months ago
I have to head out now but Ill be back later and try and contact you then ?

The stars are at the top of the page. Please click on them and then I will get rated and paid.

Then I will be happy to answer your new post so when you do post you can say this is for Debra so I will be the one to continue with you.

Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,580
Experience: Lawyer
Verified
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