strongdad
recently joined
Reged: 03/14/11
Posts: 7
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Custody and non removal order is filed but but no formal court order yet,Can my wife at this time move the kids from their jurisdiction?
Can she travel with the kids Outside our Jurisdiction before formal court order not allowing that is issued or once custody is started and i have applied for a non removal order means she cant leave with them?
Wife wants to go to the US and return to BC instead of ON
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BeckaLeigh32
member
Reged: 03/15/11
Posts: 119
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Do any of the court papers state that she cannot remove the children from that area? If so, she cannot take the children. If not, it is a pretty gray area and I would ASSUME that she can take them.
Some parents will move the children before court, if possible, so they can set the status quo before they walk into court. Judges are usually reluctant to change the status quo.
Read your court papers so you know if she is allowed to move the children. I wish you the best of luck.
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strongdad
recently joined
Reged: 03/14/11
Posts: 7
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Only on the application for the Non removal but there has been no formal court order yet.Does that mean she can now move them? Besides i cant tell if the court will give the order and if she leaves to BC i need to fight for their return.
The only document that states a Non removal is the application for Non Removal and we have not been to court Yet for the order to be issued or not issued.
Can she?
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BeckaLeigh32
member
Reged: 03/15/11
Posts: 119
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I want to say before I give my non-educated oponion, I live in Texas and have no clue about other states' or Canada's moveaway laws.
With that said, I am thinking she can move. If there is nothing that says she can't move, she can. As long as the judge didn't sign off on something that states that, I think she can take them anywhere she wants to.
You guys don't have a temporary custody order? If you do, it would most likely be in those papers. Good luck, I hope your kids have to stay by/with you.
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Avaya
Carpal \'Tunnel
Reged: 02/09/06
Posts: 9823
Loc: Arkansas
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Absent any orders that clarify custody, you too could move away with the children. Until custody is ordered both of you have equal rights to time, custody, living arrangements and move aways.
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Eternity is too long to be wrong.
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strongdad
recently joined
Reged: 03/14/11
Posts: 7
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"Absent any orders that clarify custody, you too could move away with the children. Until custody is ordered both of you have equal rights to time, custody, living arrangements and move aways".
So if wife moves with kids to the US and i get a non removal order later on after she is gone to across the border,how am i gonna start fighting the return.Much harder isnt it?This is because the kids legally are US citizens and not legal in Canada but have lived here 2yrs and i assume that their jurisdiction is here in ON-Canada.
What can i do to immidiatly ask for a non removal order to be in place so that the kids dont cross the border at least before the custody issues are settled?
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Buckeye
Carpal \'Tunnel
Reged: 12/08/05
Posts: 7857
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I would think that since the kids are US citizens, you can't stop a move away to the US.
I think the US Government would be ALL OVER any CO denying citizens the right to move back to the US.
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marsi24
recently joined
Reged: 07/09/11
Posts: 1
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Buckeye is right; if your kids are US citizens, you can't stop a move away to the US.
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