Hey moms I have a question. Everyone seems to give such helpful answers. I am hoping one of you are a lawyer or no someone in the law field. My daughter & I are american citizens and we are currently living in Canada with my husband. Things are really not the greatest for us & I hate it here. He works on the road 5 days a week so we only see him on Sat (barely) & Sun. We live in a extremely rural area & getting to civilization is a 1.5-3 hr drive. Anyway some days I think about leaving him. We are still married but my concern is getting back across the border to go home to Massachusetts. Do I need a letter from him stating its ok for my daughter to cross legally or does that not matter since we are both american & I am still married so there is no custody dispute. Any info would be greatly appreciated. Thanks ladies.
P. S. When I go home on vacation I do also provide them a letter but I didn't know if it was necesary, I am just covering myself.
M.,
One of my besties is an Immigration and Citizenship Attorney here in Massachusetts. Liz Daneu, her number is ###-###-#### - she actually has some strong connections with the best divorce attorney in the Boston area as well and I know that she has worked with not only immigration but divorce and is a fountain of knowledge. Please tell her that M. sent you!
Good luck and I can't imagine how hard this must be for you.
M.
If you are leaving him with no intention of coming home & take your daughter without him giving consent you could be in legal trouble (my best friends husband is an attorney)
How would you feel if your husband decided to leave you & took your daughter far away and you found out when you got home from work.
I say karma is a b**** & you should do the right thing morally, ethically & think about your daughters feelings too.
Hi M.,
I strongly recommend that you ask an attorney whom you trust to keep this confidential. Some will answer that question over the phone without a fee, especially if you plan to use him/her if you do file for divorce. I wish you well; you must do whatever is the best for you and your daughter - soon. E. Taft
I always bring a letter of consent with me when I travel to Canada with my kids and not my husband. However it is not notarized. - in your case if you were actually moving, you should make it more legal.
On another note..
As your husband is on the road so much is it possible you would be able to move to somewhere more to your liking, it may put him out some to have an extra drive when it comes to it ~ but you are going most the week without him ~ which is putting you in a place you are unhappy about.
From what I remember my parents going through (they were divorced), we could not cross the border without a letter from my dad. BUT we were all Canadians. And you guys are still married, you said.
I think it would be in your interest to call the American Embassy nearest you and speak to them, they might be able to help you out there!
You can come home anytime you want.
You don't need a letter or anything. They have never ever asked my husband anything when returning to the US with the kids. They never asked him anything when he traveled into Canada with the kids, either.
If you want to come home, feel free.
LBC
Im understanding that you are considering leaving your husband without him knowing? If so you could face kidnapping allegations. IF this is not the concern, you should have him sign something showing consent of you leaving Canada so it doesnt bite you in the butt if you pursue a divorce.
I am married and whenever my kids go over the border with only one parent a notarized "permission to travel" letter is required. Your daughter will also need a passport. It is absolutely necessary. If you are not planning on coming back, that could be difficult, if he doesn't want to sign a letter.
This last summer my son and I went to visit my Mom and we did some day trips to Canada to see Niagara Falls, the Butterfly Conservatory, etc. Once while going through customs crossing into Canada they asked if my husband knew we were visiting Canada. I said yes. We're were just visiting Grandma and seeing some sights. I didn't need any letter and our passports were fine. No one ever asked that coming back into the USA. They reviewed our passports, asked if we had anything to declare (souvenirs and some fudge) and that was pretty much it.
I know with passports and children here in the US you have to have both parents consent to take a child out of the country! OR you have to state the reason as to why the other parent is not available.. (death, divorce.. etc). I was looking into passports for our children b/c my husband is from Mexico and we plan to eventually visit his family. I would just contact a lawyer they usually will answer a few questions for free or better yet just call the consulate. Best of Luck :)
