One parent moved to Canada

[Liebz]

What is the name of your state (only U.S. law)? Florida

My son's father an I have joint custody but I have physical custody of the child.

Here's my dilemma: My son's father moved to Canada and he is supposed to have my son for the summer. We have a court order that says that my son will spend the summer and agreed holidays with his father. This has been our arrangement since my son was 3 and he is now 11. I used to send my son to his father when his father moved from New York to Ohio, Las Vegas, then back to Ohio. But Canada is a different country (I know, US/Canada, same continent).

My question: Do I have the right to refuse sending my son to Canada to his father this summer? What if dad's mom will pick my son up to take to dad? (Dad's mom is in New York) Can I refuse? Btw, dad's mom took me to court years ago and tried to sue me for visitation but judge told her she doesn't really have the right to sue me because she's only the grandmother.

My son and his dad doesn't really have that father-son thing going on. Dad only calls once in a blue moon - didn't even call on my son's birthday to wish him happy birthday.



Any input is appreciated.

Thanks.

 

[proud_parent]

What is the name of your state (only U.S. law)? Florida

My son's father an I have joint custody but I have physical custody of the child.

Here's my dilemma: My son's father moved to Canada and he is supposed to have my son for the summer. We have a court order that says that my son will spend the summer and agreed holidays with his father. This has been our arrangement since my son was 3 and he is now 11. I used to send my son to his father when his father moved from New York to Ohio, Las Vegas, then back to Ohio. But Canada is a different country (I know, US/Canada, same continent).

My question: Do I have the right to refuse sending my son to Canada to his father this summer? What if dad's mom will pick my son up to take to dad? (Dad's mom is in New York) Can I refuse? Btw, dad's mom took me to court years ago and tried to sue me for visitation but judge told her she doesn't really have the right to sue me because she's only the grandmother.

My son and his dad doesn't really have that father-son thing going on. Dad only calls once in a blue moon - didn't even call on my son's birthday to wish him happy birthday.



Any input is appreciated.

Thanks.

What is your objection to Dad exercising his visitation in Canada?

 

[wavehopper27]

Does Jr have a passport?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Florida

My son's father an I have joint custody but I have physical custody of the child.

Here's my dilemma: My son's father moved to Canada and he is supposed to have my son for the summer. We have a court order that says that my son will spend the summer and agreed holidays with his father. This has been our arrangement since my son was 3 and he is now 11. I used to send my son to his father when his father moved from New York to Ohio, Las Vegas, then back to Ohio. But Canada is a different country (I know, US/Canada, same continent).

My question: Do I have the right to refuse sending my son to Canada to his father this summer? What if dad's mom will pick my son up to take to dad? (Dad's mom is in New York) Can I refuse? Btw, dad's mom took me to court years ago and tried to sue me for visitation but judge told her she doesn't really have the right to sue me because she's only the grandmother.

My son and his dad doesn't really have that father-son thing going on. Dad only calls once in a blue moon - didn't even call on my son's birthday to wish him happy birthday.



Any input is appreciated.

Thanks.

You have a court order and you are to follow it. It is not a suggestion and it is NOT your decision to determine it doesn't need followed. If you don't let dad have summer with his child, I hope he sues you for contempt and wins custody because you are being unreasonable. Oh and it is NOT "my son" -- the child has TWO parents. You and the man you allowed to impregnate you.

 

[TinkerBelleLuvr]

Does the child have a passport?

I would NOT agree to sending a child to another country without further stipulated paperwork. Yes, she DOES have a court order, BUT, it's for the United States.

Dad would need paperwork stating the dates that mom is allowing the visitation.

 

[Liebz]

What is your objection to Dad exercising his visitation in Canada?

International travel - I know it's only in Canada but I'm a little concerned my 11-year-old son crossing an international border.

Does Jr have a passport?

He has an expired passport that dad has but I do have a passport card for the child.

You have a court order and you are to follow it. It is not a suggestion and it is NOT your decision to determine it doesn't need followed. If you don't let dad have summer with his child, I hope he sues you for contempt and wins custody because you are being unreasonable. Oh and it is NOT "my son" -- the child has TWO parents. You and the man you allowed to impregnate you.

Wow, Ohiogal, really? I think you should want to know the reason why I refer to my son as "my son" before you posted on my thread. Oh and the 'sperm donor' already sued me for custody together with his mother and guess who won? I posted here to ask a question/advice, not to be judged by someone who doesn't know my life story.

 

[I'mTheFather]

Oh and the 'sperm donor' already sued me for custody together with his mother and guess who won?

I've never cared for that term unless it's used to refer to a donation from an actual sperm bank.

I've donated blood, I've donated clothes, and I've donated money. Always, there is solicitation involved. So, by your use of the term, it is assumed that you solicited his donation, yet you use it with such derision.

 

[Liebz]

I've never cared for that term unless it's used to refer to a donation from an actual sperm bank.

I've donated blood, I've donated clothes, and I've donated money. Always, there is solicitation involved. So, by your use of the term, it is assumed that you solicited his donation, yet you use it with such derision.

was being sarcastic but he might as well have been..less heartache, headache and all the other aches if it was

 

[LdiJ]

What is the name of your state (only U.S. law)? Florida

My son's father an I have joint custody but I have physical custody of the child.

Here's my dilemma: My son's father moved to Canada and he is supposed to have my son for the summer. We have a court order that says that my son will spend the summer and agreed holidays with his father. This has been our arrangement since my son was 3 and he is now 11. I used to send my son to his father when his father moved from New York to Ohio, Las Vegas, then back to Ohio. But Canada is a different country (I know, US/Canada, same continent).

My question: Do I have the right to refuse sending my son to Canada to his father this summer? What if dad's mom will pick my son up to take to dad? (Dad's mom is in New York) Can I refuse? Btw, dad's mom took me to court years ago and tried to sue me for visitation but judge told her she doesn't really have the right to sue me because she's only the grandmother.

My son and his dad doesn't really have that father-son thing going on. Dad only calls once in a blue moon - didn't even call on my son's birthday to wish him happy birthday.



Any input is appreciated.

Thanks.

I would recommend getting a consult with a local attorney. It honestly would not be wise to send the child to visit dad in another country without some safeguards in place. Has dad tried to set up any dates or make transportation arrangements with you yet? Has dad indicated that he wishes to exercise his summer visitation this year?

Seriously I would recommend a consult with a local attorney ASAP. You would technically be in contempt if you simply refused dad his scheduled parenting time, but if you were to get something going with the courts ASAP, you would not necessarily get dinged by the judge.

 

[Ohiogal]

Does the child have a passport?

I would NOT agree to sending a child to another country without further stipulated paperwork. Yes, she DOES have a court order, BUT, it's for the United States.

Dad would need paperwork stating the dates that mom is allowing the visitation.

Unless the court order excludes travel to see dad in another country SHE MUST follow the order. If she was that concerned SHE should have immediately gone to court when she found he moved to have it changed. Since it is NOT changed, the order stands and dad gets his visit.

 

[Ohiogal]

International travel - I know it's only in Canada but I'm a little concerned my 11-year-old son crossing an international border.


He has an expired passport that dad has but I do have a passport card for the child.


Wow, Ohiogal, really? I think you should want to know the reason why I refer to my son as "my son" before you posted on my thread. Oh and the 'sperm donor' already sued me for custody together with his mother and guess who won? I posted here to ask a question/advice, not to be judged by someone who doesn't know my life story.

Okay egg incubator. Go along your merry way and don't let anyone else come near your precious uterus. He is NOT a sperm donor -- he is the child's father. If you refuse to follow court orders, HE can be awarded custody as that would be a substantial change in circumstance.

 

[Ohiogal]

was being sarcastic but he might as well have been..less heartache, headache and all the other aches if it was

If you didn't go through a clinic he wasn't a sperm donor. You just sucked at picking who you let near you. Again, you have a court order. It needs to be followed, incubator.

 

[Ohiogal]

I would recommend getting a consult with a local attorney. It honestly would not be wise to send the child to visit dad in another country without some safeguards in place. Has dad tried to set up any dates or make transportation arrangements with you yet? Has dad indicated that he wishes to exercise his summer visitation this year?

Seriously I would recommend a consult with a local attorney ASAP. You would technically be in contempt if you simply refused dad his scheduled parenting time, but if you were to get something going with the courts ASAP, you would not necessarily get dinged by the judge.

Back to telling people NOT to follow the court orders? Seriously, a court order is a court order. She has to follow it. She has not mentioned ANY safety concerns OR the fact that dad has threatened to keep the child OR that he has ever kept the child when he lived in Ohio, Las Vegas or anywhere else.In addition, Canada is a signatory to the Hague. Should I continue? ASAP is not a month before the child is supposed to go. ASAP would have been within two days of finding out dad moved to Canada.The incubator needs to follow the court order. It is quite simple.

 

[anearthw]

You need to follow the order. If you fear some form of parental abduction, Canadian agencies are willing to assist. They are both parties of the Hague Convention and Canada is perfectly safe. If anything, it might be a nice cultural experience for Junior at 11, you said they don't have much of a 'father-son' thing going on, so wouldn't this be beneficial in the long-term? I don't see any reasonable objection.

 

[Ohiogal]

You need to follow the order. If you fear some form of parental abduction, Canadian agencies are willing to assist. They are both parties of the Hague Convention and Canada is perfectly safe. If anything, it might be a nice cultural experience for Junior at 11, you said they don't have much of a 'father-son' thing going on, so wouldn't this be beneficial in the long-term? I don't see any reasonable objection.

Her objection is based on the "golden uterus" philosophy -- especially when she refers to dad in derogatory terms. Her objection is based on the fact that she doesn't want to and she shouldn't have to because she has the incubation system that carried the child in the womb. I could continue.