MarkusPF
Newbie
Posts: 6
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« on: January 01, 2008, 12:40:26 am » |
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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.
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thaiguy
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« Reply #1 on: January 01, 2008, 01:19:34 am » |
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You should really talk to a lawyer. No one here is an expert in this area.
Dobrou stesti (good luck).
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brin
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Posts: 6
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« Reply #2 on: January 01, 2008, 02:07:00 pm » |
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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.
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indimer04
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« Reply #3 on: January 01, 2008, 04:15:54 pm » |
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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
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MarkusPF
Newbie
Posts: 6
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« Reply #4 on: January 01, 2008, 06:12:51 pm » |
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Thank you all for your responses. I will indeed speak with my family law lawyer.
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Regina
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« Reply #5 on: January 01, 2008, 10:51:12 pm » |
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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.
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izzy
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« Reply #6 on: January 02, 2008, 03:01:59 pm » |
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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
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CanCan
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« Reply #7 on: January 08, 2008, 03:35:37 pm » |
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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.
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