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

[june1990]

.onefamilylaw.ca/doc/FLEW_legal_EN_05.pdf

Moving the child to ithe country is possible if the parent has the full custody.

 

[Alurra71]

I am sorry that you have to go through this, but I know what paperwork you read here. It IMPLIES that you can move with the child wherever you want, however, if her father says "I don't want my baby to leave Canada" you're out of luck. The court will NOT allow you to remove the baby from the country against her fathers wishes. You also still have the hurdle of obtaining a passport for her, and if her father wants notes made that the baby isn't to leave the country, then passport Canada will put an alert on the babies name and information and will not issue you a passport for her, and then a notification is sent that an passport was attempted to be obtained. Once the baby's father has THAT information he could petition to have your 'full custody' removed and to take the baby from you and a court would do that because you are a 'flight' risk and at risk to remove the baby from the country which is parental abduction. You have to understand what the rules are regarding your daughter and the rights of her father. Just because you are her mother does NOT allow you to strip him of his ability to see his baby. Removing her from Canada effectively strips him of this right. "He can get on a plane and fly to another country to see her" is not an answer to that either. The same could apply to you if the baby stayed in Canada.

Allowing you to move across the province or even across the country to say New Brunswick, yes, full custody CAN and WILL allow you to do that with justifiable reasons, but out of the country is something completely different. You need to understand that even if the babies father isn't doting on her 24/7 he is still her father and he still has rights to see his child, and those rights will trump your rights to move her out of the country without his permission.

You need to look at other options as well. I understand you want to leave and you want to take the baby with you, but you may just be out of luck on this one and you really should spend some time exploring every option available to you to remain in Canada and take care of your baby here.

 

[canadianwoman]

Here is a case from Alberta where the American mother was allowed to take the children with her to live in the USA, even though the Canadian citizen husband did not want the children to leave:
http://canlii.ca/t/fs3hr