Girlfriends childs father allowed to deny her leaving?

Phumfeinz
New Member



Joined: 25 Jul 2007
Posts: 2
Location: England

Posted: Wed Jul 25, 2007 6:19 am

 

---

Hi. I live in the United Kingdom, and my girlfriend lives in Canada. She is hoping to come over to the UK on a Working Holiday visa, to stay for up to two years. The problem is, my girlfriend has a child (1 years old) who she had when she was in a different relationship.

My question is: does the childs father have the right to not allow my girlfriend to come over here with his child for the working holiday visa? Will my girlfriend need his permission to leave the country with the child?

With regards to parental responsibilities, he has none. He pays no maintenance, and has not been involved in the childs life. He has seen her on two occasions. Once, when they went to court to settle his involvement, and another when he was invited to the childs first birthday party.

The only right he does have is supervised visits.

Thank you for taking the time to read this, I look forward to your reply.

---

oohmercyme
Moderator



Joined: 21 Mar 2004
Posts: 312
Location: London, England

Posted: Wed Jul 25, 2007 6:55 am

 

---

No easy answer for sure. Why does he only have supervised visits? Was there abuse or violence in the home? Is he named on the birth certificate? When they went to court to "settle his invovlement" did he relinquish his rights or were they terminated?

It seems he may have some rights- but nowhere is it clear what those rights exactly entail.

This is Ontario law and may be different in to her provinces, you don't say where GF is from.

See here --> http://www.owjn.org/issues/custody/abduction.htm for Legal Movement of Children issues. It doesn't quite answer your question, but its in the right direction. And your GF might be able to get info from the organization if she is from Ontario.

Good luck!

Child Law Reform --> http://www.canlii.org/on/laws/sta/c-12/20051019/whole.html

Presumption of paternity

8. (1) Unless the contrary is proven on a balance of probabilities, there is a presumption that a male person is, and he shall be recognized in law to be, the father of a child in any one of the following circumstances:

1. The person is married to the mother of the child at the time of the birth of the child.

2. The person was married to the mother of the child by a marriage that was terminated by death or judgment of nullity within 300 days before the birth of the child or by divorce where the decree nisi was granted within 300 days before the birth of the child.

3. The person marries the mother of the child after the birth of the child and acknowledges that he is the natural father.

4. The person was cohabiting with the mother of the child in a relationship of some permanence at the time of the birth of the child or the child is born within 300 days after they ceased to cohabit.

5. The person has certified the child’s birth, as the child’s father, under the Vital Statistics Act or a similar Act in another jurisdiction in Canada.

6. The person has been found or recognized in his lifetime by a court of competent jurisdiction in Canada to be the father of the child. R.S.O. 1990, c. C.12, s. 8 (1).


Father and mother entitled to custody

20. (1) Except as otherwise provided in this Part, the father and the mother of a child are equally entitled to custody of the child. R.S.O. 1990, c. C.12, s. 20 (1).

Rights and responsibilities

(2) A person entitled to custody of a child has the rights and responsibilities of a parent in respect of the person of the child and must exercise those rights and responsibilities in the best interests of the child. R.S.O. 1990, c. C.12, s. 20 (2).

Authority to act

(3) Where more than one person is entitled to custody of a child, any one of them may exercise the rights and accept the responsibilities of a parent on behalf of them in respect of the child. R.S.O. 1990, c. C.12, s. 20 (3).

Where parents separate

(4) Where the parents of a child live separate and apart and the child lives with one of them with the consent, implied consent or acquiescence of the other of them, the right of the other to exercise the entitlement of custody and the incidents of custody, but not the entitlement to access, is suspended until a separation agreement or order otherwise provides. R.S.O. 1990, c. C.12, s. 20 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 20 is amended by section 77 by adding the following subsection:

Duty of separated parents

(4a) Where the parents of a child live separate and apart and the child is in the custody of one of them and the other is entitled to access under the terms of a separation agreement or order, each shall, in the best interests of the child, encourage and support the child’s continuing parent-child relationship with the other. R.S.O. 1990, c. C.12, s. 77.
_________________
Lori

---

Phumfeinz
New Member



Joined: 25 Jul 2007
Posts: 2
Location: England

Posted: Wed Jul 25, 2007 7:11 am

 

---

He only has supervised access because that's what they both agreed to. His name isn't on the birth certificate.

She is in British Columbia.

From the looks of Ontario law, I don't think he would be able to stop her from coming over here with the child. I could be wrong though, and it could be different for BC.

---

waterwaterwaterloolooloo
CanuckAbroad Regular


Jersey Shorin All Day

Joined: 10 Jul 2007
Posts: 69
Location: Roselle Park, NJ

Posted: Thu Jul 26, 2007 6:14 am

 

---

You should be VERY careful and I would honestly consult a lawyer on this. The last thing your girlfriend needs is an unlawful kidnapping charge.
_________________
Send me smarties and ketchup chips!

---