Child custody of a canadian born child .rules of which country will apply,pakistan,USA or canada.?
husband is not answering any letter from the lawyer of his wife from pakistan and threatening the wife that the USA authorities will come to pakistan and get him his child.wife is ready to come back to canada if the husband agrees to live with him.husband is not paying any spousal and child support
wife feels helpless .her husband took hold of everything she left behind,monery,educational documents etc.she tried talking to canadian counsalate in pakistan but no help.what to do ??
Answer:
Typical manipulation and control by a man. I suspect that the father would have little standing for child abduction considering the fact that he has not sponsored mother/wife and child for US citizenship. Legally she and the child are only visitors to the States therefore, I believe that the husband would have a hard time claiming child abduction. In addition, if there are no court orders preventing the mother from leaving the US with the child, the United States is not going to go to Pakistan for a non US citizen.
If the wife/mother is still a Canadian immigrant (she may want to look into what requirements she must meet to maintain this status) and the child is a Canadian citizen, the laws of this country would probably by the ones that apply. The fact that she is in Pakistan holds no bearing unless she looses her Canadian immigration status. The Canadian Consulate is not going to help as it is not its role to protect Canadians in Pakistan from "threats" by US/Canadian citizens that you are married to. This is a civil matrimonial issue - not a criminal matter. Until the Pakistan government gets involved the Canadian Consulate has mandate to assist.
Obviously if the husband is refusing to communicate with her lawyer, that means he has not retained a lawyer. I strongly suspect that no ethical lawyer would represent him given the fact that he has not sponsored his wife and child to become US citizens and that he expects them to live there illegally. Also, any court will order child support and alimony to be paid as it could take years for the paperwork for sponsorship to go through.
This is a matter for the courts in Canada - it is the one country that all parties have connection to. However, if the mother loses citizenship in Canada that could complicate matters. The wife needs to decide what she wants, to stay married to this guy and live in Canada or divorce this man and stay in Pakistan. Either way she is going to have a fight on her hands by the sounds of it. My recommendation would be to come back to Canada, go on welfare, and file in court. This way she can claim abandonment of both her and the child which would probably give her more leverage to return to Pakistan where she has family support.
As for any her legal documents all of that can be replaced by contacting the issuers of the documents.
well, if wife has no status in US it is hard to say staying out of US is child abduction. However, Canada might be where you should start. A lot of attorneys in the US give you a free first consultation. Do they do that in Canada? You want someone who knows child custody at least as much as immigration law, however, and if you need to choose, go for custody experience, I would think.
PS family attorneys have experience with requiring the husband or wage earner to pay for the legal fees, if necessary.
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edit, you also may want to raise this in the 'Law And Ethics' board.
WOW.
The laws of the country were you live will be apply. if you and your child live in the U.S. you can call CPS (child and protection service) and someone there has to assist all your needs.
if you can locate your child you should call 911 and make a police report and the cops will tell you what else you can do (it depends in the state that you live)
Good Luck and God Bless.
hi. she has rights. i am an american migrated to canada myself. married to one.
if he abused her she then can easily gain legal status and help in the usa. ditto in canada. what province is she in?
there are laws of child abductions and passports too. if the child was not legalized in the usa. child is still legally canadian born. the us and canada doe have reciprocal regualtoins with regard to enforcing each others cour orders and especially childrens rights.
the us immg website has info on battereed spouses rights.
in the usa and canada she can get a court order irregardless of her legal status to grant a custody evaluation. anyone can file a police report but weather or not it can stand up in court is another matter.
if cops did not file charges against here, that is sep from just filing a police report in the usa. he the dad is puffing out hot air.
things like this are why we dislike ME men and sharia law.
get back to me, i can provide resource better. there are lawyer who specialize in this. in the us she can get totally free legal help in canada she may have to jump thoruhg more hoops.
where is she now and what legal status does she have in cnd. landed immigrant or what.
had she stayed put in the us she would have had a ton of help. if she left it will be harder.
first go to www.travel.state.gov and see the info on your nation and canada. there is also info on the abduction of children. usually it is the man who abducts the kids back to the ME with women in tow.
the fact that the child is in the us is actually good.
if said man brough child here illegaly he could be charged, child put in foster care, not a bad place, until a court makes a decision.
see tha hague convention on the state dept site above.
if they are legally married and no court order has been issued then there is no custody issue. what city town is he in?
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