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HELP! Canadian wanting to move home...with USA born kids.

bwlwmama

Newbie
Mar 12, 2016
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0
Please help! I am not sure what to do. I am living in the USA and am in an emotionally abusive relationship with my childrens father(2 yo and 5 mo old) . I am a canadian citizen...my kids were born here in the USA. Am i stuck here forever with my kids or can i move back to canada. He is trying to tell me I have no way out and I will never be allowed to take my kids back home. I have been told to take a vacation with the kids and don't come back unless the courts tell me I have to after i file for custody. He will not write a letter saying I can cross the boarder with the kids so will i even be able to cross the border?

please just give me some advice. I need out but I have nothing here and no family. I need to come home...
 

Leon

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Jun 13, 2008
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Talk to a lawyer. It is possible to win custody of your kids in the US, especially if the boyfriend is abusive. Start collecting evidence of the abuse. If he beats you, go to the doctor. If he is verbally or emotionally abuse, discuss that with a doctor too for advice, see a therapist, go to a women's center or a shelter to discuss things with them. If you can, leave him. However, do not take the kids and leave unless you have discussed it with a lawyer first.
 

next2015

Hero Member
Nov 18, 2014
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You can move back to Canada with the kids, but there's a catch... Since they're US citizens, they can enter Canada without a visa (under NAFTA), for up to 180 days (tourism/visits). Past that, they'll require a visa. I am not sure if they have passports already because they need them, for proof of citizenship, to enter Canada. The tricky part about obtaining passports (if they do not have them already), the process requires both parents to sign-off -- how do you convince the abusive partner to sign-off on the forms? Food for thought...

Here's info on their entry into Canada: http://travel.state.gov/content/passports/en/passports/under-16.html
Here's info on the passport application process (in case you need it): http://travel.state.gov/content/passports/en/passports/under-16.html

The other option is to obtain a certificate of citizenship for the kids from the government of Canada. In some situations, children born to a Canadian citizen automatically qualify to be Canadian citizens. In your case, the kids would have dual-citizenship; if they qualify for Canada too. Here's info on how to go about that process: http://www.cic.gc.ca/english/citizenship/proof-eligibility.asp

All the above is really important if you're considering moving back to Canada with the kids, temporarily or permanently. The advice offered by other posters will help in facilitating legal procedures like pressing charges or divorce (if you're legally married). In the event that you're not married, seeing a lawyer may be a good start - you want to get it right from the start. Reporting to the police is not a bad option, but if he's not held, then he MAY get really nasty after the episode. So I think professional legal advice is a good place to start, strategically speaking. My advice is on the assumption that there's physical abuse involved as well; I notice you specifically said, "emotionally abusive".
 

Rob_TO

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next2015 said:
You can move back to Canada with the kids, but there's a catch... Since they're US citizens, they can enter Canada without a visa (under NAFTA), for up to 180 days (tourism/visits). Past that, they'll require a visa.
The kids may not even be allowed boarding (if flying) or entry into Canada without a consent letter from the other parent, no matter what passports or other documents they may have: http://travel.gc.ca/travelling/children/consent-letter

When trying to enter Canada, it's at the discretion of the CBSA agent if they will insist on a consent letter or not. One of my friends who lives outside Canada very recently traveled to Canada with her 2 Canadian citizen kids, while husband stayed in home country. The airline never asked her at all when checking into the flight, but upon landing CBSA questioned where her consent letter was. She didn't have one because she didn't realize they were required. After some arguing back and forth the CBSA agent eventually allowed her and the kids to enter... but I can see cases where a strict CBSA officer would simply deny them entry or detain them all until they could contact the father to get authorization.