Legal Question in Family Law in Canada
leaving BC with kids
I am currently married and live in BC, Canada. My marriage is going very bad. My husband has very bad anger issues and he smokes marijuana on a daily basis. I want to leave him and take the kids to New Mexico to start a new life with a new guy. If I leave without his knowledge can he do anything to stop me or force me to bring the kids back to BC? The kids in question are two girls aged 4 and 1.
1 Answer from Attorneys
Re: leaving BC with kids
Yes, he can go to the Courts and request an Order preventing you from leaving and if you leave without telling him, he can request an Order requiring you to return. It is likely tht you will not be allowed entry inthe the U.S. in transit to Mexico or into Mexico without your husband providing with aletter allowing you to do so (or an Order of a Court allowing you to leave). There exixt agreements between Canadian Provinces and many foreign jurisdictions by which each will respect the Orders made by Courts in the other; this subject is far too complex to explain here, but generally is it a very poor idea to leave a Canadian Province and take a child without authority to do so.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
