Can I get new MAINE order recognized in Quebec?
This is a discussion on Can I get new MAINE order recognized in Quebec? within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; Currently, my ex and i have a custody & support order from Quebec as my son was not considered a ...
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#1 |
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Junior Member
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Join Date: Jul 2012
Posts: 1
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Currently, my ex and i have a custody & support order from Quebec as my son was not considered a resident of Maine when we moved back herem apparently he needed to be here for 6months. He is allowed to see my son once a month up in QC & upon his most recent return i discovered a suspicious bruise. I brought my son to the dr who had to report the case to the child protective services as the bruise was very clearly from a grab (hes only 2 & tells me he doesnt want to talk about it when i ask how he got his booboo).
I now have a dilemma as I am not sure where I should get a lawyer, as i would so much rather have the proceedings here in Maine versus up there in QC again. Can anyone shed any light on this, lawyer here or in QC and if we had an order here in Maine, would QC recognize it? i am looking to either have his visits supervised here or up there and for him to be gone for 1-2 nights instead of 4. as a side note, there have only been 21 contact days since the beginning of the year. This includes days hes with his dad & skype. Help!! |
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#2 |
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Top Level Member
Join Date: Dec 2009
Posts: 12,915
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I wish to inform you that child custody has been determined by Court of Quebec therefore now Court of Quebec can only modify child custody. The court which has decided child custody retains its jurisdiction unless order for transfer of case is allowed. As courts consider best interest of child therefore supervised visitation can be allowed.
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#3 |
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Join Date: Sep 2010
Posts: 3,474
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I would like to say that parents living in Quebec who are in the process of a divorce have equal custody of their children unless the courts decide otherwise. In Quebec, when one parent is awarded primary custody of the child, the remaining parent is often granted visitation rights. For extreme cases, supervised visitation may be the decision of the court: this is usually the ruling when a parent has abducted the child in the past, or has exhibited behavior that proves that he or she cannot be trusted alone with the child.
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#4 | |
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Top Level Member
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Join Date: Apr 2011
Location: Florida
Posts: 7,157
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Quote:
The doctor reporting to Child Protective Services was proper and what he is required to do. In cases of child abuse, returning the child to the father, especially since he is Canadian, Canada does not recognize US custody decrees and he could not be forced to return the child, returning the child is very, very risky. I suggest you obtain whatever documentation you can, seek direction from a Maine family law attorney -- one especially who is familiar with US-Canada custody decrees and law, and file for custody in the U.S., supervised visitation IN the U.S. and go from there. |
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