QUESTION
how do i start custody papers for my 14 yr old child who lives with mom in las vegas, i live in ontario can. my child is canadian.where do i start?
Asked on Feb 19th, 2014 on Child Custody - Nevada
More details to this question:
my ex and I both lived here in Sudbury, ON Canada. we were split up in 2006. I let her have custody and I got access as I work out of town for 20 days at a time and home for 10 days. My child and I are very close; she is going to be 14 this year May 2cd.My ex had mentioned in the past moving out of the country but I had always said over my dead body...I want to be in my child's life. She said she would drop all support if I'd sign passport to let her leave I said no, I care about seeing my child more. then in Dec 2013 I was working in NL, Can when my spouse calls to tell me my ex moved to Las Vegas with my child! You could imagine my shock! i went home and tried to contact my ex, her phone out of service, I contacted her through email finally. she stated she tried to call me, my daughter wants to stay with me badly, she hates it there, she was here for xmxmas and didn't want to leave, she is from here, she says its lonely out there and her mom is never home,stuck with her stepdad
1 ANSWER
If the facts are as they appear to be, you can do what you intend to do where you are. In the U.S., under the "UCCJEA," Canada retains "exclusive modification jurisdiction" so long as a party to the original custody order remains in the place that issued it. So you may be able to start a custody modification case in Ontario. Consult local counsel as soon as possible.
Additionally, while your facts are a bit sketchy, you might be able to pursue a claim for recovery of the child and return to Canada through the Hague Convention. THis requires that you have "rights of custody" under the prior orders and that the child was "wrongfully removed" or "wrongfully retained" preventing you from exercising those rights. On your facts, I cannot tell.
For some background materials describing all of this, see the explanations and materials posted on the child custody page of our firm website:
http://willicklawgroup.com/child-custody-and-visitation/. But be aware that there are time limits to most things you can do under the law, so consult with counsel, and then act quickly.
Answered on Feb 21st, 2014 at 10:41 AM