Page 1 of 2 12 LastLast
Results 1 to 10 of 14

Thread: Custody Issues

  1. #1
    Newbie
    Join Date
    Apr 2010
    Posts
    8
    Post Thanks / Like

    Default Custody Issues

    I am Canadian, ex is Dominican. We all live in Canada.
    I wanted to know if there are any stories of DR men or women bringing their child to DR for vacations and not returning? or using blackmail for money?

    The Custody battle is on here in Canada (its been a long process and still ongoing), and he wants to bring our child to DR to visit his family. I fear many things if this was allowed. Does anyone have any stories of this similar issue?

    Thanks for you help.

  2. #2
    Super Moderator
    Join Date
    Jan 2009
    Posts
    19,982
    Post Thanks / Like

    Default

    I'm not an attorney - but my advice is UNDER NO CIRCUMSTANCES should you allow your ex to bring the child to DR "on vacation" or "to visit family". It may be the last time you see the child, once in DR it will be very difficult - if not impossible - to get the child back to Canada.

    AE

  3. #3
    Platinum
    Join Date
    Jan 2002
    Posts
    12,265
    Post Thanks / Like

    Default

    I don't know of any cases because I don't know of anyone in your situation who allowed the Dominican spouse to take the child to the DR. It was not permitted in the several cases that I know of.

    My advice is to trust your instincts. If you think there is a chance ex will not return on schedule, do not permit the child to leave Canada. It does not make any difference whether I or someone else knows of cases where a child was not brought back from the DR, we know this happens from articles about cases in other countries, such as Brazil and Japan.

    You have one battle on your hands now, do you want another to extradite the child back to Canada?

    The question you should be asking Fabio Guzman, the lawyer who responds to questions of law, is what is the process for getting a child back if a parent involved in a custody case takes the child to another country and refuses to return on schedule.

  4. #4
    Newbie
    Join Date
    Apr 2010
    Posts
    8
    Post Thanks / Like

    Default

    Tthe laywers involved for the child is recommending for him the ex to take our child to DR every where for 2weeks. (she has no kids herself) .. CAN YOU BELEIVE THAT? where is my son's protection.. He has no ties to this country he wont return, i need more stories to help me out
    So im taking it to trail i need to protect my son and no doubts he wont be returned

  5. #5
    Gold
    Join Date
    May 2005
    Posts
    6,781
    Post Thanks / Like

    Default

    Quote Originally Posted by AlterEgo View Post
    I'm not an attorney - but my advice is UNDER NO CIRCUMSTANCES should you allow your ex to bring the child to DR "on vacation" or "to visit family". It may be the last time you see the child, once in DR it will be very difficult - if not impossible - to get the child back to Canada.

    AE
    This is GREAT advice..............

  6. #6
    Platinum
    Join Date
    Jan 2002
    Posts
    12,265
    Post Thanks / Like

    Default

    Quote Originally Posted by twillight View Post
    Tthe laywers involved for the child is recommending for him the ex to take our child to DR every where for 2weeks.
    A recommendation is not a court order.

    If I were you, I would continue to say that until you are given an iron-clad guarantee that the boy will be returned to the US at the end of 2 weeks that he must stay in the US. The father can spend two weeks with him at places of his choosing, but they must be in the US.

  7. #7
    Bronze
    Join Date
    Jan 2010
    Posts
    1,319
    Post Thanks / Like

    Default

    The Hague convention applies, but like others, I'm not a lawyer and invoking Hague rights requires lawyers and legal maneuvers. Against all advice (family, friends, and lawyers) I allowed my child to travel from the US with his Dominican father during our divorce. I feel for you, and know how confusing these things are. In the end, there's much conflicting advice, and no-one can predict what will happen. Please fell free to pm or e-mail me, I'd be happy to share more details in private. While I'm in the US, it seems that our situations may have been very similar and I know and appreciate how insecure it feels right now. Where custody is concerned I'm assuming that Canada is similar to the US, excuse my ignorance if I'm wrong. Stay strong and be well.

  8. #8
    Silver
    Join Date
    Jan 2002
    Posts
    3,807
    Post Thanks / Like

    Default

    Quote Originally Posted by Ken2 View Post
    A recommendation is not a court order.

    If I were you, I would continue to say that until you are given an iron-clad guarantee that the boy will be returned to the US at the end of 2 weeks that he must stay in the US. The father can spend two weeks with him at places of his choosing, but they must be in the US.
    Further Ken, if the Lawyer concerned is working on CANADIAN laws, these will be totally different as to how DOMINICAN lawyers/judges work.

    Does the child have Canadian &/or Dominican citizenship?
    Where was the child born?
    DOES the child even have a Passport (& if so for which country)?

    If there is a dissagreement with custody AT THIS STAGE, just how much more proof can the OP need to see that there will be a serious problem if the child is brought down to the DR? IF the Ex really wants to take the child to the DR to meet the family, why not use getting the custody order sorted out first as the bargaining tool? No resolution in the Courts as to custody ...... NO trip with child to the DR!

    I am all for the child having the oportunity to meet with it's extended family in the DR BUT ONLY WHEN FULL LEGAL STATUS has been agreed by the parents IN CANADA so that the Canadian Legal authorities can demand the child's return to Canada! ~ Grahame.

  9. #9
    Platinum
    Join Date
    Jan 2002
    Posts
    12,265
    Post Thanks / Like

    Default

    Quote Originally Posted by La Rubia View Post
    The Hague convention applies, but like others, I'm not a lawyer and invoking Hague rights requires lawyers and legal maneuvers. Against all advice (family, friends, and lawyers) I allowed my child to travel from the US with his Dominican father during our divorce. I feel for you, and know how confusing these things are. In the end, there's much conflicting advice, and no-one can predict what will happen. Please fell free to pm or e-mail me, I'd be happy to share more details in private. While I'm in the US, it seems that our situations may have been very similar and I know and appreciate how insecure it feels right now. Where custody is concerned I'm assuming that Canada is similar to the US, excuse my ignorance if I'm wrong. Stay strong and be well.
    Yes, Hague convention applies. But Brazil is a signatory and who can forget what happened there and how long and at how much cost to get boy back to the US.

  10. #10
    Platinum
    Join Date
    Jan 2002
    Posts
    12,265
    Post Thanks / Like

    Default

    I'm in full agreement with BushBaby.

    Meantime, twilight, I recommend that you start another thread in this same section, Legal, and explain that you are Canadian and your ex husband is Dominican and that the two of you are involved in a battle over custody of your child. Say that you are being pressured to allow the father take the child to the DR for a 2-week visit and for this reason you want to know how difficult it would be to get the child sent back to Canada if the father decided to stay in the DR with the child.

    Start a new thread, but just with the question. This thread doesn't really have any question for the lawyer. Don't write the question in this thread, start a new one.

Page 1 of 2 12 LastLast

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •