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Clare
Clare, Solicitor
Category: Law
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Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am a UK citizen living in British Columbia with a 20 month

Resolved Question:

I am a UK citizen living in British Columbia with a 20 month old son (born in Canada). I live in a log cabin in an isolated village called Ymir. with my husband, who is also a UK citizen with Canadian residency. The relationship with my husband has completely broken down (he is verbally abusive, gives me hardly any money and is very controlling). I desperately want to return to the UK with to my family and friends with my little boy, but realise that this would be difficult as my husband will strongly object. My son has both a Bristish and Canadian passport. Please advise me as to how I might legally return to UK, even without my husband's agreement, or will I be forced to go through the courts? Secondly, as it happens I am now in UK with my son, due to return to Canada on 22 April (I was forced to sign an an agreement before I left stating that I had to return by the end of April). What might happen if I did not return? Sincerely ***** *****

Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
I am afraid that if you fail to return to Canada with the child as agreed then your husband can make an application here in the Uk using the Hague Convention on Abducted children to force the return of the child to Canada.
That application would be granted
The issue of who the child shoudl live with and where needs to be agreed between you as parents - or by the family court in Canada.
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Dear Clare

Many thanks for your advice, it is as I feared and I will have to return to Canada. However on arrival back in Canada, I will have to move away from my husband as he is very abusive and is extremely tight with money. I am effectively a prisoner in the log cabin. Assuming that I move out of the log cabin and stay with a friend not too far away, is there anyway that I might be able to get permission to return to UK, where I would be able to earn a living? Or, as I fear, may I now be forced to remain in Canada for the forseeable future? I guess that the whole thing may have to go to court, but I have no money as my husband has taken most of my savings from me. I am keeping a log of his abusive and unreasonable behaviour, which I guess is important if the case goes to court?

Any advice would be welcome, as I am in a truly awful position and I am also worried about the effects of all this on my small son.

With grateful thanks, *****

Expert:  Clare replied 2 years ago.
Hi
I am sorry - this is a matter for the Canadian courts I am afraid
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33821
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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