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frantzgregory, Lawyer
Category: Immigration Law
Satisfied Customers: 880
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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Dear Sirs, citizen living in UK from 13 years. Today my

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Dear Sirs,I’m Polish citizen living in UK from 13 years.
Today my current partner informed me that her aunt living in Canada is seriously ill, so she want to see her in case she die. We planned visit for February's school break.
It seem to be no problem for her to go there (my partner visited Canada before), but I want to go too.
I’ve got child from previous marriage and he lives with us under my custody. I’ve got court order too, but I’m not sure if I need to obtain other parent permission before we travel to Canada. UK’s law allowed me to go anywhere with son for up to 28days and if mother want to stop me she needs to go to court.
My family lawyer states that I don’t need it as the court order not include such a restriction. This is not a permanent move and it can be classified as a holiday. All I need is return ticket, original court order document and son’s passport. I’ve visited Canadian Government’s website too and now I feel confused. We ain’t got much time to sort it out and I can’t get it clear.
Would you please tell me, in my case, do I need mother’s in writing permission to take son for week or maximum 2 weeks to Canada?I’ll be appreciate for quick response. Many thanks in advance.Kind regards
Wojciech Majkut


Thank you for your enquiry.

You are permitted to take your child out of the jurisdiction for a period of up to 4 week if you are the resident parent without the non-resident parent's or court's consent. It is always courteous to inform the non-resident parent and to provide travelling details.

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Customer: replied 4 months ago.
Of course I'm going to inform my ex about this trip. She will be aware about dates, place and contact phone number will be provided too.What about canadian immigration law? wouldn't they stop me and send me back? I know going permanently will need permission and you saying I don't need it for short holiday for example? I'm scared about being returned after 8 hour flight with 10year old boy...