Asked 1/14/2008
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Custody My husband is in the process of becomming a Canadian citizen so were not sure legaly want he or i can do. He has a 5 yearold son from a previous relationship, the mother and child are not canadian citizens, the son was born in the united states and the mother is now married to a canadian. The mother has the child in Ontario and we are in Nova Scotia (just moved here from Ontario). The mother her husband and son also came here to. Immigration refused to transfer her file to N.S. therefor she had to return to Ontario. My husband and i asked her to leave the child with us so she can go back and get her affairs in order and for any reason why immigration would detain her the child would not have to be detained also. the mother refused to leave her son and stated that if she was detained that she was taking her son with her. today she and my husbands child were arrested and detained in the detention center. We want the son out and returned to us. he should be in school and we have a stable enviroment. We both have jobs and i have two children from previous relationship that are in school. The mother and husband both have no jobs and are living with his grandparents in a one bedroom aptment, also the son is not regestered in school in Ontario. Please let us know where we stand and if we can get the son with us. thank you. Christine Ahmed |
Answer 1/3 - Submitted 10/26/2011
I'm not sure of the Canadian laws about school age children not going to school. In the US children must be registered in the school system by a certain age, whether they are home schooled, public, or private. You can report the parent to the authorities, that there is a child who is being kept out of school. Give them the name & address if you have it so they can send someone to investigate the well being of the child in question. I would find a lawyer that specializes in child custody in foreign countries, they would be able to explain your options, so you'll have a better understanding of what procedures to take.
Answer 2/3 - Submitted 10/26/2011
When an emergency situation arises involving a child, it's best not to make a hasty decision unless the child is in any real physical danger. Missing some school is worth it, if that's what it takes to have the time for someone in authority, such as a family court judge, to gather all the information necessary to make a decision that will end up being in the child's best interests.
Since your question makes a strong case for the child's benefit in being with you, it's up to you to make this known constantly to everyone along the way, as the child passes from immigration authorities, to parents, up to court counselors, child protective agents, and so on.
Never stop communicating your case. The best thing would be a short, very short, concise listing of your points. Don't appear to be vindictive toward other adults or competing for custody as if it were a popularity contest. Think only of, and list only, points making it to the child's best interests to be in your custody, but allowing for the importance of contact and constant communication with parents, and all loving and caring adults, who will be excellent influences on the child growing up.
Answer 3/3 - Submitted 10/27/2011
Your husband should contact a lawyer, if the mother and the child has been detained the father will need a lawyer to help him to file for custody of the child. dYou can go online for additional information on the laws in Ontario, go to custodylawsinontario.com and you will see the site for custody laws.
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