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Taking my daughter to Canada..Legal advice needed!!!

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Mantha79 | 11:29 Fri 28th Sep 2007 | Family & Relationships
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My daughter is 4 and was born in Canada, I also am a Canadian Citizen, (but British). We moved back to England when she was 4 months as her dad was home sick, we ahd a home, moved back in and the relationship broke down, he left, and I returned to Canada, as I could not financially cope, and needed my family. He begged me to come back, and assured me that he would help me out more, and when I returned I got less than before I left. We have just came out of court yesterday, and the home I have lived in, with the mortgage in my sole name which I ahve been paying everything for, now has to be sold, and I ahve to give him half the equity! as I was a silly girl and put him on the deeds all those years ago. I now want to go back to Canada, and am being told conflicting advive...yes I acn go, as she is Canadian and so am I, no you can't as they have reg contact, no I can't it's kidnapping, yes I can as long as I provide a plan, demonstarting that I will call, write and visit...Does anyone really no the answer?? I can't cope ere, my house is being sold, and I need my family??? really confused...I no if I ask him, he will do al he can to stop me from going.

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he is within his rights to try and stop you from going, as i'm presuming it will mean less contact with his daughter. Does he see her now? is he paying any maintenance?
I should imagine he would try and stop you, shes his daughter too. Maybe she could stay with him and you could visit now and again and just have letters and speak to her on the phone at other times. If you think thats good enough for him then it should be fine for you.
For acyual legal advice you might be better to post this in law
Question Author
beanmistres, thank you for your comforting reply, however, I am having to leave as he has stolen the home from under our feet, a house I brought 6 years ago, and have paid every single bill, mortgage payment and anything else that goes along with bringing up a child, dragged me to court, as I was a silly trusting girl and placed his name on the deeds, and has somehow managed to get half of my equity. I'm not ina position to get another mortgage, and the half I will receive will be sued to pay of solicitors bills and debts, which have been accumilated through fighting another legal battle after he battered me, broke must of my bones and nearly killed me whilst knocking me out whilst holding his daughter.
So leaving him with her, and receiving letters and phone calls, simply would be giving her her own death wish, and I doubt she would be fed, as his main priority is beer and Jack Daniels. Hence, why I stated in my original question, that I could not cope here any more.
In my eyes, he is purely a sperm doner and not a father.
He has taken the roof from his own daughters head to spite me.
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Dear bednobs thanks for your answer, no I don't receive any maintenance from him, and he has access every other weekend at his mothers, but he frequently lets her down? would this help my case. I really have no intentions of cutting of contact with him, if that's what he wants, I just need to be with family, and have none here...How would he stop me? and what grounds would he have? do you no? thanks.
Well your daughter being in danger if left with him obviously changes things but as that information wasn't given in your original post were we supposed to just know that? With the information you gave my suggestion was a valid one, clearly it is not with what you have added.

As it is, with your added info, he sounds like a total [email protected], but he is still her father. I suppose they would take into account how much regular contact he currently has with her. If he has none, he would have to have good reason to object to your plans. Try the law section, you're more likley to get a legal opinion. Good luck :)
The point of the matter is your child's father has the right to oppose the move.

As we are not the judge and do not have full personal details at hand we can't say for sure whether you or your ex will be successful in your applications. As before, the only thing we are sure on is your ex husbands right to oppose.

I don't think even putting this in the Law section will help ~ only a solicitor can advise you..and then the family court.
Question Author
thanks for the last two responses. I think I am to blame here, as I wrote the question in a hurry not including all the facts. We were never married? so I don't no if that changes things. I will seek legal advice from a family solicitor I think. I ahve also been told, where we were not married, he has no parential rights, as harsh as that sounds. But then again, I would never want to leave in the first place, if he had not made things so difficult for my daughter and I, I am left with little choice now. But am in need of some family support as well. I have none here.
Thanks again.
As you were not married you are correct ~ he has not got parental responsibility.

He may want to apply for it, though..and again I don't know if he would be successful, although you would be able to state any objections.

I will say that I am almost certain that he will not be looked upon favourably if he hasn't paid maintenance and contact is infrequent. The court will always go with the best interests of the child ~ and rightly or wrongly this usually means that if the main carer is happy, the child will be happy.
Your child would come under the juristriction of a Canadian court
a UK family court not rule that your child a Canadian citizen must remain in UK. You would not be accused of kidnap. Go back to Canada then get a Canadian court to rule on maintenance, its then put through to UK court to make him pay. Good luck
I really feel bad for the kid being in a situation like this but I think a legal advice will help you in dealing with this kind of situation.
http://www.cbc.ca/hamilton/news/story/2013/01/21/hamilton-teen-legal-helpline.html
http://www.kosabicasino.com

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