Parental Advise

[Annette T]

Can anyone advise
My son and his wife along with my 2 grandchildren emigrated to Canada in July/August 2012, things have not gone to plan and resulted in my daughter in law having an affair. The marriage has now broken down and my son wants to return to he UK to be with his family for support. She has refused to let him bring his children home stating that he will have to go through the courts if he wants his children and that she would lie under oath regarding the affair shes having. My son, daughter in law and my eldest granddaughter all have permanent visas for Canada, however the youngest has only a temporary visa until feb 2013 as a permanent one has not been issued as yet. Could my son bring his children home ( he still has a house here in the uk). Apart they dont have the resources to support themselves.

[dzug2]

I suspect he could just bring them home presenting her with a fait accompli

Not sure how strict emigration in Canada and immigration in the UK are about needing the other parent's consent though

[atalanta]

There has to be a divorce or separation agreement first. He can't just take them and go. For a start, a single parent with children leaving a country may well be investigated by emigration/immigration authorities to see if the children are wards of court, and the travelling parent may be asked to show a letter of permission from the other parent to take the children abroad. The father may be turned back at the airport, or even arrested if he seems to be kidnapping the children. If Canada has Ward of Court proceedings, like the UK, it may end up that the children are made wards of court and a court hearing has to be set. Does Canada have anything like our Citizens Advice Bureaux ? He may have to find some semi-official advice organisation of that kind.

[Annette T]

He has sought legal aid advise who think !! That as he has not been in Canada for more than a year the jurisdiction lies in the Uk.