Facing a divorce with a child

[chelctron]

I don't know if this is the best place to post this, but I am feeling a bit desperate and any advice would be helpful. I moved to Ontario with my husband in October 2018. I do not yet have permanent residency (I was supposed to finalize in March but the COVID-19 situation has delayed that). Long story short, my marriage has been breaking down very quickly and I'm in a very mentally and emotionally abusive relationship with my husband. I need to go home but I need to be able to take my son with me. Here's my predicament...I have nowhere to go if he decides to kick me out of his house. He isn't allowing me to take our child (a U.S citizen by birth) without taking me to court and I cannot leave my son here with him. That boy is all I have in the world. I tried to leave once but he threatened to call OPP to have them stop me at the border if I did. This was after we had a physical altercation where he had put his hands around my neck and threw me to the ground. Unfortunately, like every time before that I was to afraid to go to the authorities. Afraid because I truly don't have the heart to put him through an assault charge.
I have no job. He made me quit my job after the outbreak so I have nothing to fall back on. All I want at this point is to take my son and go home and deal with the divorce in the states. I don't know what my rights are though. I mean, can that really be considered kidnapping if my son is not a legally recognized Canadian Citizen? We never sent in the forms to get his certificate. Please, any advice is all I'm asking. I'm too afraid to start making phone calls to legal aides. If he finds out, and he will, I'm so scared of what could happen.

 

[scylla]

I don't know if this is the best place to post this, but I am feeling a bit desperate and any advice would be helpful. I moved to Ontario with my husband in October 2018. I do not yet have permanent residency (I was supposed to finalize in March but the COVID-19 situation has delayed that). Long story short, my marriage has been breaking down very quickly and I'm in a very mentally and emotionally abusive relationship with my husband. I need to go home but I need to be able to take my son with me. Here's my predicament...I have nowhere to go if he decides to kick me out of his house. He isn't allowing me to take our child (a U.S citizen by birth) without taking me to court and I cannot leave my son here with him. That boy is all I have in the world. I tried to leave once but he threatened to call OPP to have them stop me at the border if I did. This was after we had a physical altercation where he had put his hands around my neck and threw me to the ground. Unfortunately, like every time before that I was to afraid to go to the authorities. Afraid because I truly don't have the heart to put him through an assault charge.
I have no job. He made me quit my job after the outbreak so I have nothing to fall back on. All I want at this point is to take my son and go home and deal with the divorce in the states. I don't know what my rights are though. I mean, can that really be considered kidnapping if my son is not a legally recognized Canadian Citizen? We never sent in the forms to get his certificate. Please, any advice is all I'm asking. I'm too afraid to start making phone calls to legal aides. If he finds out, and he will, I'm so scared of what could happen.

I'm sorry this is happening. This must be an extremely difficult situation.

You must either have your husband's written permission or permission from the courts to remove the child from Canada and return to the U.S. Yes, without one of these, it will be classified as a child abduction. You need to go things legally.

You don't say where you are living however you may want to look into moving into a women's shelter.

 

[ryester]

I don't know if this is the best place to post this, but I am feeling a bit desperate and any advice would be helpful. I moved to Ontario with my husband in October 2018. I do not yet have permanent residency (I was supposed to finalize in March but the COVID-19 situation has delayed that). Long story short, my marriage has been breaking down very quickly and I'm in a very mentally and emotionally abusive relationship with my husband. I need to go home but I need to be able to take my son with me. Here's my predicament...I have nowhere to go if he decides to kick me out of his house. He isn't allowing me to take our child (a U.S citizen by birth) without taking me to court and I cannot leave my son here with him. That boy is all I have in the world. I tried to leave once but he threatened to call OPP to have them stop me at the border if I did. This was after we had a physical altercation where he had put his hands around my neck and threw me to the ground. Unfortunately, like every time before that I was to afraid to go to the authorities. Afraid because I truly don't have the heart to put him through an assault charge.
I have no job. He made me quit my job after the outbreak so I have nothing to fall back on. All I want at this point is to take my son and go home and deal with the divorce in the states. I don't know what my rights are though. I mean, can that really be considered kidnapping if my son is not a legally recognized Canadian Citizen? We never sent in the forms to get his certificate. Please, any advice is all I'm asking. I'm too afraid to start making phone calls to legal aides. If he finds out, and he will, I'm so scared of what could happen.

Your husband is legally bound to support you financially for 3 years even if he divorces you.

 

[scylla]

Your husband is legally bound to support you financially for 3 years even if he divorces you.

Per OP's original post, she doesn't have PR yet. So that obligation isn't in place now.

 

[canuck78]

Would also add that if the marriage is over he should stop the sponsorship. Would try to reach out to women’s shelters unfortunately many are full especially due to covid. They may be able to direct you to other resources for you as just a homeless individual if they are full. The best thing would be to find safety for you and your child at the moment in Canada. Is there anyone who can provide you a bit of financial support if needed? Family?

 

[Eveslm]

Many women going through gender based violence are afraid of reporting their abusers because of what they assume will happen if they find out. And unfortunately abusers continue to abuse them because they know they are afraid to report them to authorities. He will also continue with the abuse because he knows you do not have the heart to put him through an assault charge. The abuse will not stop if you do not act. And it might impact your child as well. Keeping quite will not lessen your situation. Reach out to the authorities, find women shelters in your area. You will not be able to leave the country with your child unless you take legal actions.

https://www.canada.ca/en/immigratio...mmigrate-canada/family-sponsorship/abuse.html

 

[chelctron]

Would also add that if the marriage is over he should stop the sponsorship. Would try to reach out to women’s shelters unfortunately many are full especially due to covid. They may be able to direct you to other resources for you as just a homeless individual if they are full. The best thing would be to find safety for you and your child at the moment in Canada. Is there anyone who can provide you a bit of financial support if needed? Family?

Not in Canada. My family back home will lend whatever help they can. Fortunately