Child custody question...

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SBT

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Does anyone have an idea if child custody issues of Dominican children - who are Canadian Permanent residents and living in Canada - would have be dealt with by Canadian or Dominican courts??

EG: Kids living in Canada as permanent residents with one parent (with a legalized agreement from the other parent) and the other parent later decides they want the children back in DR? If the problem could not be resolved amicably (sp?)....What happens???
 
bob saunders

bob saunders

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Location of the children dictates which countries legal system has control. They are in Canada, are Canadian Landed immigrants, which although not the same as citizens, they have the same rights and protections. Any legal proceeding would have to happen in Canada.
 
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RV429

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The only thing I would add is that if you visit the D,R, the other parent could make a stink at the airport when you leave so make sure you have all your paperwork in order especially the legal agreement. And the agreement is even more powerful if it is from the Court of Minors in the DR. If there is hostility you may plan to expect an argument upon leaving by the other parent. In Canada the non-custodial parent don't have a pot to cook in.
If you are able to get the child citizenship then that along with the custody agreement trumps any argument.
 
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Lolitula

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If you are the sole legal guardian of the children (which I'm assuming you are, if the kids live with you in Canada) you should have a certificate of divorce with judge's signature and seal, that proves it. Take that along with all supporting documentation with you. Just in case, make sure you leave copies with a contact in DR and Canada (not the other parent, though).

:)
 
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La Mariposa

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Lolitula said:
If you are the sole legal guardian of the children (which I'm assuming you are, if the kids live with you in Canada) you should have a certificate of divorce with judge's signature and seal, that proves it. Take that along with all supporting documentation with you. Just in case, make sure you leave copies with a contact in DR and Canada (not the other parent, though).

:)
Click to expand...

That is if they were married and one of the 2 have petitioned for a divorce. Maybe they have a written agreement (for the child custody)and they have never bothered to have it endorsed by the Court. Who knows ??????? we don't.
 
S

SBT

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Thanks so much for your replies - Bob, that's what I thought - but wasnt sure.

There is a legalized document stating that the other parent appoints us as sole legal guardians and that she authorizes them to have their sole permanent residence in Canada. As far as travel to DR - We'll deal with that when the time comes - and actually and thankfully - I dont think were at a point where we have to worry...likely just dealing with some hollow threats....but I wanted some piece of mind! :)

Thanks again!
 
R

Reese

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Guardianship and Custody are two seperate things you may still want to check with the courts there in Canada. Because if the mother still holds custody she actually could put up a fight.
 
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La Mariposa

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SBT said:
Thanks so much for your replies - Bob, that's what I thought - but wasnt sure.

There is a legalized document stating that the other parent appoints us as sole legal guardians and that she authorizes them to have their sole permanent residence in Canada. As far as travel to DR - We'll deal with that when the time comes - and actually and thankfully - I dont think were at a point where we have to worry...likely just dealing with some hollow threats....but I wanted some piece of mind! :)

Thanks again!
Click to expand...

What kind of document is it ?? where has is been legalized ??
 
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