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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 101369
Experience:  I have been a lawyer since 1985 and have been a professional on this site for 5 years.
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How far would I be likely to get under international law? I

Resolved Question:

How far would I be likely to get under international law? I am a duel British/Canadian national. My son is British and most likely Canadian too. (I was Canadian when he was born.) We both live in the UK. We are both British nationals. I still have Canadian
residency status. My son is incapacitated with severe Autism and learning difficulties. He is being subjected to neglect resulting in a shockingly poor standard of care, he has been allowed to remain feral, he is being sedated with a serious drug which he
does not need, and he may be being sexually assaulted or even raped. He is being financially exploited. Under British law I am left powerless to intervene or help him in any way. I have exhausted all possibilities of a fare hearing or effective remedy in the
UK. It is crossing my mind to seek asylum for him in Canada. I do not have a passport for him. Both of my own passports are out of date. His mother is his welfare and financial guardian. She and the authorities are guilty of the neglect. I have evidence that
I hope would be compelling enough to support my story. If I were to take him to the airport would an airline take us to Canada if I tell them I am seeking asylum? And, if I get that far, what reception would we be likely to get by the Canadian authorities?
Or how would I go about it without getting myself sent to prison?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Legal Ease replied 2 years ago.
Is your child an adult or a minor?
Customer: replied 2 years ago.
He is 20 years old
Expert:  Legal Ease replied 2 years ago.
He cannot seek asylum in Canada. He is Canadian. So he is permitted to enter Canada as of right. You would need proof of citizenship which you can get easily because he is Canadian. So going to Canada is not the issue. Your issue relates to whether you can remove your adult child from the UK. That I cannot answer as I am not a lawyer in the UK. All I can say is that Canada will not question you if you appear at the airport with your adult son whom you can prove is Canadian.
Customer: replied 2 years ago.
I have both our birth certificates. I have my own out of date passports. (UK and Canadian). These can be renewed but it would take the standard wait times. If I apply for a citizenship card for my son his mother would find out about it. Her guardianship order gives her the right to stop him from traveling. I know that that is in breach of his human rights but the authorities at ground level will not know any better and will respect the order. She has the power to make sure I never see my son again. Meanwhile he would continue to be neglected. She may even renounce his citizenship. If I were to show up at the Canadian consulate with my evidence would they be able to help us with emergency travel documents? And, if I were to get him to Canada would the Canadian authorities respect his mother’s guardianship order? (Granted by the Scottish Sheriff Court).
Customer: replied 2 years ago.
By respecting his mother's guardianship order, I mean arrest me and send him back to the UK. I know that he is not a minor. But how would that go in Canadian law?
Customer: replied 2 years ago.
Her Guardianship order gives her the right to decide where he lives.
Expert:  Legal Ease replied 2 years ago.
The Court in Canada would enforce an order from the UK. You need to get an order from the court in the UK first. You will have to become the guardian of your son. You cannot flee to Canada and think you will be able to live there with your son. The mother will be able to bring him back.I cannot answer further tonight as it is in the middle of the night here.
Customer: replied 2 years ago.
Good night. we can continue tomorrow.
Customer: replied 2 years ago.
How would a court in Canada view it if I had compelling enough evidence of his Neglect, that the order was granted based on false evidence by a biased judge and could demonstrate that if my son were returned to the UK his neglect would continue? Would they take any interest?Or, do the Canadian authorities have any policy of protecting their own citizens? Are there any Canadian authorities I could approach?
Customer: replied 2 years ago.
If I can't find an effective remedy in the UK who can I turn too? I have tried the UN comity for the rights of people with disabilities and the comity against enforced disappearances. (I have been threatened with an enforced disappearance if I press this issue too far.) the threat comes from a mafia that stretches from city level to upper parliament and upper law society level).
Customer: replied 2 years ago.
The mafia is an elite pedophile ring. But I can't prove that or even that such a mafia exists. I just know the rumours, I know that my son has been in danger, I know what he is trying to tell me and I know I have been threatened. Why would his mother (who was involved in making the threat) refuse any investigation of such a matter? If no-one has anything to hide, why would the mother and professionals make such threats? Looking at the seriousness of making such a threat, If they didn't feel that they would be protected at fairly high levels how would they dare?
Customer: replied 2 years ago.
I should clarify that the UN comity for the rights of people with disabilities and the comity against enforced disappearances ignored my requests for help. The threats came from the mother and the city social work head office. The Police will not investigate the matter and become unreachable if I try to report it.
Customer: replied 2 years ago.
My reports of my son's neglect have been ignored and avoided at every level of government. Something is very wrong over here! Do you have any suggestions as to how the Canadian or international authorities could help?
Expert:  Legal Ease replied 2 years ago.
Canada will not have jurisdiction over you son as he habitually resides in the UK. So you cannot get help in Canada. I can only suggest that you retain the most experienced lawyer in the city that you can and fight the mother.
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