CANADIAN BORN CHILD TO AMERICAN PARENTS

[jennyjenny]

MY SON IS 7 YEARS OLD, BORN IN CANADA. (HOLDS DUAL CITIZENSHIP), GOING TO SCHOOL HERE. HE NEVER LIVES IN THE US. CANADA IS HIS HOME.

BOTH PARENTS ARE AMERICAN. STATUS IN CANADA WORK PERMIT

PARENTS WERE NOT MARRIED, LIVED AS COMMON LAW FOR 7 YEARS

CURRENT LIVES IN CANADA BUT SEPARATED

MOTHER WANTS TO GO BACK TO THE US AND THE FATHER WANTS TO STAY IN CANADA.

QUESTION: BASED ON THE INFO ABOVE, I WANT MY BOY TO STAY IN CANADA WITH ME. WHAT SHOULD I DO?

 

[Leon]

If you want your son to stay with you, you need to file for custody. You would file in Canada where you all live. If you get at least joint custody, it may be ruled that the mother can not move away from Canada with your son without your approval.

However, if her work permit was based on yours and you are no longer together, it is a question if she is allowed to work at this point and whether she can get her own permit. If the court says she should have custody but she is not living in Canada legally without a work permit or other visa, they may decide that she can move with your son to the US