We are not divorced nor has anyone filed. First question, can I move back to Canada without fear that he will charge me with kidnapping. If I can move, does that mean I give up all my rights to our marital property, assets and financial support. If I can move, would i then file for divorce in Ontario? And, is there any agreement between the two countries that enforces child support?
I can't speak for Canadian Divorce laws, except that any valid Canadian judgment will be honored by an Illinois court. When fleeing with children, keep in mind he may call the police and say you kidnapped them. That said, talk to an attorney in your area for specific guidance.
Stephen Samuel MessuttaReal Estate AttorneyWilmette, IL ·
You definitely should see an attorney here before actually leaving. Not knowing Canadian laws either, still I would suggest that a consideration may be whether and whenever you can get a Canadian divorce. An Illinois divorce attorney can reserach this issue, however, and determine whether it might be a good idea for you to file here, perhaps before you simply skip. Not knowing the situation you're confronting, it is still better to be properly advised before taking steps that could prejudice you. Same with property rights: generally you don't forfeit them simply by moving, but moving could simply complicate things if he files and then you are unable to defend from afar. Again, best to see an attorney prior to departure even if your ultimate decision is to do what you apparently have been thinking about doing.
Hello. In my opinion, you should file for divorce here in Illinois, and seek an order from the court granting you permission to take your children to Ontario. A hearing may be necessary, but at least you will have taken the proper legal approach to the situation. A court may or may not grant your request to remove your children with you to Ontario. The court will consider what is in the best interest of your children, and their ability to see their father will be a key issue in the court's decision. I was just in Ontario recently and of course American citizens now need passports to enter Canada. Your children will need passports, assuming they are not Canadian citizens. If your husband suddenly files for divorce or legal separation just as you are moving to Canada with your children, he could file kidnapping charges against you which will cause you real problems. Take the safe approach and seek the assistance and approval of the Illinois court, unless your husband is agreeable to you moving to Ontario with your children. If you move to Canada and your husband serves you there with divorce or legal separation papers and you do not answer or file an appearance to his petition, then you will be at risk of losing interest in marital property by default.
