When it goes wrong....

[gemmied]

Hey, wondering if anyone could give me any advice...
My husband and I have pretty much decided to separate- he's gone to his mother's lol.
He sponsored me for permanent residence in 2008, I got the card last year. Our daughter is 2. She was born in Canada. I'd like to think we're both pretty reasonable people, no custody battles hopefully but I need to know my rights in this separation/ possible divorce etc.
If worst comes to worst and we split permanently, I'll be returning to the UK, but am I going to run into trouble crossing the border with my daughter, or because I was granted permanent residency?
Is there anything else I should look out for?
Neither of us have any money or property to speak of.

Thanks for reading

 

[fprince]

Hey, wondering if anyone could give me any advice...
My husband and I have pretty much decided to separate- he's gone to his mother's lol.
He sponsored me for permanent residence in 2008, I got the card last year. Our daughter is 2. She was born in Canada. I'd like to think we're both pretty reasonable people, no custody battles hopefully but I need to know my rights in this separation/ possible divorce etc.
If worst comes to worst and we split permanently, I'll be returning to the UK, but am I going to run into trouble crossing the border with my daughter, or because I was granted permanent residency?
Is there anything else I should look out for?
Neither of us have any money or property to speak of.

Thanks for reading

You get all the rights a PR gets in this country..can anytime leave canada and enter canada ( provided you fulfill your PR timeframe obligations )

the 2nd question is about what rights you get after your divorce reg the child custody.

All the best.

 

[canadianwoman]

You will need your husband's permission to take the child out of the country - even for a day. If you get full custody and he doesn't get any visitation rights, you can take her, but that isn't likely. Would he agree to let you take the child, essentially out of his life?

You can leave Canada whenever you want. If you want to retain your PR, there are certain residency requirements, but if you just want to go back home and resume your life there, it is OK as far as the gov't is concerned.

 

[rjessome]

If you are the custodial parent, you can get a "jurisdicational" clause put in your agreement/order where you both agree that you are allowed to move with the child. If both parties are willing, a couple can really write their own separation agreement and/or divorce order that suits their lives. The one area where a court will get involved if it is not satisfied with your agreement is child support. The amount of child support payable must meet with the minimum requirements of the Family & Child Support Guidelines. To reduce the amount payable, the court must be persuaded that there are extenuating circumstances.