Ex spousal want to applicate for pr for our dauthter without my permission...
- Thread starter Misslyn
- Start date
You should probably be aware, that because your child is not a citizen of Canada, nor currently residing in Canada, then legally Canada can not make a judgement about your childs case one way or another. As far as I know, the country where the child actually RESIDES is where her father would need to file for custody rights. If you choose to file for rights in your home country the he would be forced to return to Germany to 'argue' his case as to why he should be allowed not only full sole custody, but why he should be allowed to take the child from Germany and resettle her in Canada. It is more than likely that he will not win that kind of a battle.
I am still unsure how he would have even filed any kind of paperwork within the Canadian judicial system since he apparently doesn't have a legal 'status' in Canada ...
I am still unsure how he would have even filed any kind of paperwork within the Canadian judicial system since he apparently doesn't have a legal 'status' in Canada ...
He has legal status as a TFW and the mother and child were residing in Canada with him. They had joint custody so it could also be argued that she had no right to leave with the child on her own as they were splitting up / in a custody battle.
However, it is also quite cruel to the child as well as the mother, especially when the child is only 4 and the mother has been the primary caregiver and staying home with the child since birth to deprive the child of its mother by having the mother leave Canada as she has no status any more and giving the child to the father.
Hopefully the Canadian court will see it that way too.
However, it is also quite cruel to the child as well as the mother, especially when the child is only 4 and the mother has been the primary caregiver and staying home with the child since birth to deprive the child of its mother by having the mother leave Canada as she has no status any more and giving the child to the father.
Hopefully the Canadian court will see it that way too.
I guess I understood that the child was born in Germany, and those custody papers were drawn up in Germany. The child also currently resides in Germany with her mother while the father is in Canada. I can't really see Canada saying, yes, give the father full custody and then removing her from Germany ... but stranger things have happened I suppose
Alurra71 said:
As far as I know, the child was born in Germany, the couple lived and had custody together in Germany, they moved to Canada. They split up in Canada. After splitting up in Canada, she took the child and left for Germany. He filed for custody in Canada. She filed for custody in Germany but he had filed in Canada first. Therefore, the German courts seem to be refusing to get into it, saying that the case in Canada must conclude first.
I have no idea what the Canadian courts will decide but should it happen that they decide that the mother should not have left Canada with the child without the fathers permission and the that child should be returned to Canada, they will send a request to Germany to return the child. However, I find that unlikely under the circumstances and if it happens, she can fight it in Germany. A judge in Germany may still decide that it is in the child's best interests to stay in Germany.
