Will she be able to take the children to a different country? 3 Answers as of August 26, 2010

My husband is a Canadian citizen who has permanent residence in the United States. We are contemplating getting a divorce. He is threatening to take our 3 children to Canada if we do get a divorce. Would he be able to do this?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
The short answer is no, and I mean absolutely NO!! The USA has been a signatory to the Hague Convention on International Child Abduction. He cannot leave the country without a written consent statement from you to take the children across borders. Doing so is kidnapping, Canada will honor the child custody and parental rights you have, and your husband can go to prison. Contact your divorce attorney immediately.
Answer Applies to: California
Replied: 8/26/2010
JCS Immigration & Visa Law Office
JCS Immigration & Visa Law Office | Jack C. Sung
I believe taking children without complete parental consent would be kidnapping. I do not think your husband would be able to legally take them with him. If you are worried you can file for an injunction (a.k.a restraining order) to stop him from taking the kids with him. However, you must have compelling evidence that he intends to take the kids with him.
Answer Applies to: California
Replied: 8/25/2010
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