Mom with a visitor's pass with a Canadian baby.

[june1990]

hi,
i have a problem, i am currently under a visitor's pass and i have a Canadian baby, my visa will expire august of this year and i would like to bring my baby back to my country, the problem is that her dad wont let me, so i would like to get her full custody. where can i find a cheap lawyer or even possible a free one ? we are living together but not married nor common law. i cant leave my baby with him, please help me

 

[Amalthea]

Oh my gosh, im so sorry for what you are going thru! You're in Canada on a visitor visa, from what country? And your partner is trying to force you to stay with the baby?? How does he expect you to stay when your status expires? Please contact a woman's shelter in your area and explain you need help getting back to your home country. You are not a prisoner and neither is your child. They might be able to connect you with a lawyer, which will help you fight for custody.

This forum is for spousal/family class immigration to Canada so the advice you will get here will be limited at best.

 

[truesmile]

True the child is not a prisoner. But without consent from BOTH parents, the child will not be crossing any international borders anytime soon.

 

[zardoz]

Not only that, as the child has been referred to as "Canadian" it's possible that the child may require a visa to "return home" if dual nationality is not permitted there. An example would be India.

 

[Amalthea]

June, it would be very helpful to know what country you are from and trying to return to. Perhaps people could offer more assistance if you give us more information ?

 

[Alurra71]

Even if you are able to obtain full custody of your daughter you won't be able to travel with her across international borders without her fathers consent and I if you find a lawyer that promises you that you can, I would steer very clear of that person because they are lying to you. If you were to take your daughter across the border without her fathers consent, that is considered parental kidnapping and could result in some serious charges against you here in Canada and also in your home country, if it follows the Hague Convention ....

You state that you are not common law with her father, so how long have you lived with him in the same household? Obviously a minimum of 9 months, I am guessing ....

Unfortunately, it sounds like you are stuck between a rock and hard place. Your childs citizenship does nothing to assist your visitor status. If you want to remain with your child you will need to renew your visitor status, but that does not allow you to work which really leaves you with minimal ability to support yourself and your child.

 

[Amalthea]

Even if you are able to obtain full custody of your daughter you won't be able to travel with her across international borders without her fathers consent and I if you find a lawyer that promises you that you can, I would steer very clear of that person because they are lying to you. If you were to take your daughter across the border without her fathers consent, that is considered parental kidnapping and could result in some serious charges against you here in Canada and also in your home country, if it follows the Hague Convention ....

You state that you are not common law with her father, so how long have you lived with him in the same household? Obviously a minimum of 9 months, I am guessing ....

Unfortunately, it sounds like you are stuck between a rock and hard place. Your childs citizenship does nothing to assist your visitor status. If you want to remain with your child you will need to renew your visitor status, but that does not allow you to work which really leaves you with minimal ability to support yourself and your child.

I dont think they are common law, if you look at her previous posts you will see that they broke up while she was pregnant.

She messaged me earlier and I don't want to say to much about her situation because I don't want to speak for her, but she is really afraid to even post here or where her home country is because she fears retaliation from her partner if he finds out she is asking for help.

She's in a bad spot, and she needs to get out. I really hope she contacts a woman's shelter in her area. Unfortunately her inbox was full last time I tried to msg her.

Please be safe June1990.

 

[june1990]

I just want to have a full custody of her so i could bring her back home. Otherwise she'll be left here with her dad once my visa expires

 

[canadianwoman]

She can try Legal Aid, which will help with family law matters for low-income people. She could also see whether there is a legal clinic in her city. Some law colleges run a legal clinic where people can get help from law students supervised by lawyers.

 

[Alurra71]

I think the ONLY way that anyone is going to give the OP full custody with the ability to remove the child from the country is if she can prove that Dad is abusive to the child and it would be in the childs best interest that she be removed and have no contact with her dad. Even when Mom attempts to get full custody, all Dad has to do is say, ok, she can have full custody, but I want access to the child and I don't want the child to move out of the country at all. That would stop mom in her tracks as it would again go back to child abduction and become a major issue.

If Mom needs help, then she should seek help, but she should also try to figure out a way to stay if it comes to that.

 

[june1990]

Access is only to let him see the child, but not to make any major decision about the child's life. Whoever has the custody is the one who has a say. And besides she's almost a newborn, i dont see why she could end up with the care of her dad unless they have a proof that im not a fit mother to her.

 

[Applechunks]

Access is only to let him see the child, but not to make any major decision about the child's life. Whoever has the custody is the one who has a say. And besides she's almost a newborn, i dont see why she could end up with the care of her dad unless they have a proof that im not a fit mother to her.

Even if he only has access but you have sole physical custody, unless his parental rights are terminated for some reason you will not be able to leave the country with the child without his permission.
By taking the child away you are denying his right to access, whatever you think of him (and he may be the worst person in the world) he still has this right and so does the child.

 

[truesmile]

Because you will be required to leave soon, and won't be able to take her with you. Alurra is bang on the money with her post.

 

[june1990]

He can still have access to the child if he wants to visit her. I dont see why the court will give her to him having to prove that he's never really been that much involve since the pregnancy. If they are deciding based on where is she gonna have a better life its not with her father.

 

[Amalthea]

Well it's not about necessarily giving the child to him, or giving him custody. The issue is transporting the child internationally, as others have stated. It's one thing to have custody, it sounds like, and a completely different thing to take the child to a different country.

I'm really sorry that you are in this dilemma, and I wish you good luck.