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Canadian Mom, American Dad w record, Canadian born child...Divorce

This is a discussion on Canadian Mom, American Dad w record, Canadian born child...Divorce within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; That is interesting and informative, He is not using a US lawyer. He is using another lawyer here in Canada. ...

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Old Jan 25th, 2010, 10:43 AM   #11
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Default Re: Canadian Mom, American Dad w record, Canadian born child...Divorce

That is interesting and informative, He is not using a US lawyer. He is using another lawyer here in Canada. I am meeting with my lawyer today so I will mention some of these things from the replies in this forum. Thanks.
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Old Jan 25th, 2010, 11:16 AM   #12
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Default Re: Canadian Mom, American Dad w record, Canadian born child...Divorce

You really cannot get custody orders from both counties, for a couple of reasons.

1. Canadian family court laws differ from that of the U.S.
2. Canada recognizes dual citizenship but U.S. doesn't.
3. You must take care of matters such as child custody in the country you reside in.
4. The U.S. has no jurisdiction over Canadian laws, and vice versa.

The children don't need two passports. They only need one in order to be able to freely go back and forth between countries. Canada does not require a passport in order to enter the country. Only the U.S., and a Canadian passport is more than sufficient documentation to allow them entry when they wish to visit their father, IF he moves or is deported back into the U.S.

As a Canadian citizen, you cannot use the American courts in order to bring child custody matters to hand. You do not reside in the U.S.

The only time you would need an international attorney is if your husband kidnapped the children. That has not happened.

The last poster's nephew, if he has a passport for either country, can go back and forth. He does NOT need BOTH a U.S. passport AND a Canada passport.
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Old Jan 25th, 2010, 11:17 AM   #13
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Default Re: Canadian Mom, American Dad w record, Canadian born child...Divorce

Correction on the word counties. I meant that to read countries. Missed the r there. Sorry.
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Old Jan 25th, 2010, 10:20 PM   #14
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Default Re: Canadian Mom, American Dad w record, Canadian born child...Divorce

Thanks again. i definitely will not go for a US passport as well. Went to the lawyer today, and it looks like he has now had a short work permit granted and within a VERY short time will need to go back to the US, since it is expiring. Who knows,...another extension may be granted. Interesting how he had been pressing for the other passport when he knew this was upcoming. Anyhow, hopefully all will be settled by the end of the week. Fingers crossed.
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Old Jan 26th, 2010, 05:08 PM   #15
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Default Re: Canadian Mom, American Dad w record, Canadian born child...Divorce

My husband's lawyer is requesting that I help in getting US Citizenship for our daughter. My lawyer tells me that he can get this even without my consent. They are not asking for a passport at this time. For me, it sounds like it is one step closer to him getting a passport and making her a US resident where he will keep her from me one day. Can he get US Citizenship for her if she was born in Canada, and has lived here in Canada for 5 1/2 years, and we have joint custody and joint guardianship? In the application for US Citizenship it asks "Do you have legal custody"....well, yeah...part of the time. Your earliest reply is very appreciated.
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