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Can my wife take my baby out of the country without my permission?

MarkusPF

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Jan 1, 2008
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I can't seem to get a straight answer on this one. I am a Canadian citizen who met a woman here on a visitor's visa last year (she's from Slovakia). She got pregnant and we married by April of this year. By the following month we submitted an application for permanent resident status and she gave birth to my daughter in August - here in B.C. She is now refusing to learn English and is considering a move back to Slovakia. Isn't my daughter automatically a Canadian citizen? And can the mother remove her from the country without my permission? Please help.

I understand that through the Hague Convention, Canada and Slovakia have an agreement in place to uphold each other's custody laws.
 

brin

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A parent cannot remove the child without the consent of the other parent. Your wife will have to have a written consent from you to take the child and pass immigration and also show custody agreements if there is any. They say the security is very tight as there are alot of kidnappning happening..but I should tell you that I took my baby twice to other countries(with the letter from his father...a bc..and all supporting docs)..and they never even botherd to check anything at the border, even though mine and my baby's last names are different. I guess they just assume u r genuine. But if you have concerns you could talk to your lawyer or inform the police. But I am pretty sure she can['t take your baby away without your consent anywhere.
 

indimer04

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Dec 10, 2007
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I have temporary child custody of my daughter and we went to Morocco in November of last year and not once was i asked for any supporting documents, even though i had them. I guess if you are really concerned about her removing your daughter then i would go to the courts and police office and put in a demand so that she couldn't leave the country without your permission. So that in the event she does there would be a message in the system that would prevent her. Just follow up with a family law lawyer to be on the safe side.

Like i said i travelled with my daughter and not once was i asked for anything...only where is her father and i said Canada...and he and I are separated..and when i came back from Morocco i was a married to someone other than my daughters father...and still no questions asked...

Indira
 

Regina

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The kid is a Canadian citizen by birth. To go to Slovacia- any kid MUST have a passport of Slovacian citizen (or Canadian one- if Canadains are allowed to enter Slovacia without getting visas first). To get Slovacian citizenship for a kid in Canada - BOTH parents- slovacian and canadian- must apply for it to Slovacian Embassy in Canada. Did you do that? It seems like you did not...

So the only way how you wife can leave Canada with a kid is to get him/her a Canadian passport, and if Canadian citizens can entry Slovacia without visas- go there with a baby.

" I guess if you are really concerned about her removing your daughter then i would go to the courts and police office and put in a demand so that she couldn't leave the country without your permission. "

I would do the same.
 

izzy

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Sep 21, 2007
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you should see a lawyer,i dont want to scared you but she can also put the name of the baby in her own passport ...
i travel with my dauther 3 times to cuba and imigration never ask me for any paper work till i arribe back into canada(stupid)i have a lots off freinds how take their kids but home and they never ask anything... I still think that is really easy to take a child out off this country,that was one off my conversations with imigration officers on my last trip,they ask me for papers(permition off my ex-hausband) in the way in no in the way out..so if i want it to take my dauther off canada i dont think that is hard to do......if i was you at least notify to imigration and the airport...hope my english help..all the best
 

CanCan

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Dec 20, 2007
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Your wife can take your baby out of the country without even being asked a thing about it. I am speaking from experience, my child has Canadian citizenship, because of her father. I have a passport for my country, and she has her Canadain PP. We have different last names on our PPs too because I never changed it to my marriage name,(married 6 yrs). Anyway, only 1 time when entering Montreal was I asked by a customs officer "does the father know about the child's visit". He did not ask for any documents either.
 

penkala

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May 24, 2012
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MarkusPF said:
I can't seem to get a straight answer on this one. I am a Canadian citizen who met a woman here on a visitor's visa last year (she's from Slovakia). She got pregnant and we married by April of this year. By the following month we submitted an application for permanent resident status and she gave birth to my daughter in August - here in B.C. She is now refusing to learn English and is considering a move back to Slovakia. Isn't my daughter automatically a Canadian citizen? And can the mother remove her from the country without my permission? Please help.

I understand that through the Hague Convention, Canada and Slovakia have an agreement in place to uphold each other's custody laws.
Hi MarkusPF!
I have a similar situation with my slowak wife but I m not from Canada. Can You help me with any advice? My wife took my 2 children from me and went to slovakia. Now it will be in august 19. on year. In this time I shaw children 3 times when I was in slowakia. I was newer with kids alowne. Always is somebody with us. Two or three hours per day. She whont alouwd video calls (she said she has not computer but she does). The court in her city gave her custody befor the judment of Convention. I got temporary mesurment that I can see kids every 2 monat in Year 2. and 4. week from 14:00-18:00 every day. 21. day in summer and 10 days in winter holidays and that I can speek with them 3 times weekly by video call. I m afraid and she said to me she whont give them to me and she will not respect the temporary mesurment. We married in Slowakia. My kids are bourn in my country and they have passports which she hide. My son had a slowak passport but is expierd and my doughter never had slovak passport. Now she put children in her passport. How do You see your kids now? Are they living in canada or slowakia. Have You any advice. Did You have advocat in Slowakia? Was he helpfull to You?
 

Belinasha

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I don't know where in BC you live, but if you go to a courthouse near you, they usually have a family law information centre there which has a duty counsel lawyer present to answer any questions. You could ask about filing an emergency motion to get an order from the court that she not travel with the child. You could also ask for an order for custody due to your wife's threats or your belief that she will kidnap the child. They have to take your issue seriously. Emergency motions are usually handled quickly by the courts but the onus is on your to be able to prove what you say is true. I don't know if leaving with the child is that easy. I know when I travel with my son, I have to have a notorized letter of travel from his father, plus have a passport. I don't think they'd let her through without having some sort of documentation pertaining to custody of the child. As another poster mentioned, sometimes they only ask for this on re-entry into Canada. I also think that in order for her to get a passport for your child, she would need your signature on the passport, along with hers. Try to get an emergency motion and get custody of your daughter due to your wife being a flight risk and a potential kidnapping risk. From now on, you need to gain as much proof as possible of her intentions. You can always tape record conversations, try getting her to write anything on paper or in emails of her intentions. If she has facebook, you can see if she has posted anything about moving back to her country with your daughter. You could try to write down a custody agreement and get her to sign it. If you would like to send me a PM, I could try to help you through this and give you some information on where to look for help. You need to take action about this issue immediately!
 

penkala

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May 24, 2012
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Belinasha said:
I don't know where in BC you live, but if you go to a courthouse near you, they usually have a family law information centre there which has a duty counsel lawyer present to answer any questions. You could ask about filing an emergency motion to get an order from the court that she not travel with the child. You could also ask for an order for custody due to your wife's threats or your belief that she will kidnap the child. They have to take your issue seriously. Emergency motions are usually handled quickly by the courts but the onus is on your to be able to prove what you say is true. I don't know if leaving with the child is that easy. I know when I travel with my son, I have to have a notorized letter of travel from his father, plus have a passport. I don't think they'd let her through without having some sort of documentation pertaining to custody of the child. As another poster mentioned, sometimes they only ask for this on re-entry into Canada. I also think that in order for her to get a passport for your child, she would need your signature on the passport, along with hers. Try to get an emergency motion and get custody of your daughter due to your wife being a flight risk and a potential kidnapping risk. From now on, you need to gain as much proof as possible of her intentions. You can always tape record conversations, try getting her to write anything on paper or in emails of her intentions. If she has facebook, you can see if she has posted anything about moving back to her country with your daughter. You could try to write down a custody agreement and get her to sign it. If you would like to send me a PM, I could try to help you through this and give you some information on where to look for help. You need to take action about this issue immediately!
I live in Croatia. My children are now in Slowakia. She did put them in her passport because her mother works in police as psihologist, her auntie is also working in police, her father sister is judge and they all helping her unlegaly. I as a father do not have any rights and she whants to erase me and whole my family from my kids life. They have big family in Croatia and in slowak only grandmom and grandfather. My wife is only child. Bay the way my wife is psyhologist. I never had any conflict wit her she said that on court I never beat her or something like that. We went together in slowakia for vacation and than 10 days after she desapeard. I went back home to croatia and she didnt contact with me for monat or kids.
 
R

robrod

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No she can't.
In order for her to take the child out of the country, child would need a passport. In order to have a passport, both parents must apply in person at the passport office.
Even with a passport, she would need to have a letter signed by you giving her permission to take the child out of the country. Sometimes they do ask you for the letter, someothers they don't. But they are supposed to ask and see that letter at the airport.
 

Belinasha

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Hi,

My post was intended for the original poster of this thread. As I do feel for what you are going through with your issues, I can only offer help for IN Canada situations as I don't have any international experience with custody.
 

rjessome

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Belinasha said:
Hi,

My post was intended for the original poster of this thread. As I do feel for what you are going through with your issues, I can only offer help for IN Canada situations as I don't have any international experience with custody.
The OP was from 2008.

robrod said:
No she can't.
In order for her to take the child out of the country, child would need a passport. In order to have a passport, both parents must apply in person at the passport office.
Even with a passport, she would need to have a letter signed by you giving her permission to take the child out of the country. Sometimes they do ask you for the letter, someothers they don't. But they are supposed to ask and see that letter at the airport.
Both parents do not need to apply for the passport together if she has an order for sole custody. And this same order will allow a parent to travel with the child without consent of the other parent. At least that's how it works in accordance with Canadian laws.