Candian mother, Candian baby, American father

I am a Canadian citizen. I used to live in California and date a US marine who, after a while, was given orders to go to Okinawa for two years. Shortly after he left, I found out I was pregnant. I decided to move back to Canada and have our son. I moved back to California in Nov 2010, when our son was 11 months old in preparation for my boyfriend's return to the states. Our relationship had been questionable for quite a while but I figured that maybe it would improve once we were together. I was wrong. I found naked pictures of other women on his computer and also, I spoke with another woman who claimed that she had been in a relationship with him for the past 3 years. I had already made plans to move back to Canada at that time. I'm now back in Winnipeg with my family. Our relationship continues to be hostile. He is very unapologetic for his actions. Every time we talk it is extremely upsetting to me. I have contacted a lawyer but of course, it is a long weekend and I'm inpatient. I'm just wondering what it is that I may be looking at as far as what he's entitled to. He doesn't seem to think that any court orders made in Canada will hold up in the US, as far as child support goes. At this time, I've requested him to contact my mom if he wants to see our son on Skype but he seems to think that having a third party will not be held up in court orders either.

[AFFA]

I wish to inform you that as you were no married to father therefore father can have rights only if paternity is proved. If paternity is not established then initially father will have to file a case in Canada and prove paternity. After paternity is proved then you can claim child support and father can claim child custody. Orders of Court of Canada can be enforced under Hague Convention in USA. Place where the child resides have the jurisdiction.

AFF

[Friend In Court]

I am a Canadian citizen. I used to live in California and date a US marine who, after a while, was given orders to go to Okinawa for two years. Shortly after he left, I found out I was pregnant. I decided to move back to Canada and have our son. I moved back to California in Nov 2010, when our son was 11 months old in preparation for my boyfriend's return to the states. Our relationship had been questionable for quite a while but I figured that maybe it would improve once we were together. I was wrong. I found naked pictures of other women on his computer and also, I spoke with another woman who claimed that she had been in a relationship with him for the past 3 years. I had already made plans to move back to Canada at that time. I'm now back in Winnipeg with my family. Our relationship continues to be hostile. He is very unapologetic for his actions. Every time we talk it is extremely upsetting to me. I have contacted a lawyer but of course, it is a long weekend and I'm inpatient. I'm just wondering what it is that I may be looking at as far as what he's entitled to. He doesn't seem to think that any court orders made in Canada will hold up in the US, as far as child support goes. At this time, I've requested him to contact my mom if he wants to see our son on Skype but he seems to think that having a third party will not be held up in court orders either.

In order to get jurisdiction over the father, an action will have to be filed in the jurisdiction where the child is and where the father may be found and served. That appears to be California. Your lawyer is right about any personal orders made in Canada while the father is in the U.S. being legal. A court has to get personal jurisdiction over a person in order to adjudicate their personal rights. They can dissolve a status like marriage on the theory that one of the partners always carries the marriage status with them (like an aura?), so the court can dissolve it. But they cannot make any orders directing a person to do or refrain from doing anything unless they gain power of that person with a summons or writ -- IN their jurisdiction.

Paternity will have to be established, first, proving that he is the father by DNA testing. Then as your lawyer must have told you, support and visitation (access) will be ordered as well.

Ask your lawyer about the court being able to retain jurisdiction to make a custody decree, though, with the children in Canada.

When a support order has been made in the states, should the obligor go into default, a motion would have to be made through the original court to find that person in contempt, for the amount, have it reduced to a judgment and then collected upon. Presumably he has no assets in Canada.