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I separated from my wife 4 years ago and we have not started divorce proceeding though we both would not contest it. We have 2 boys, 4 and 8. She lives in the Rep of Ireland and I moved moved to the UK after the separation becaused she harrassed me constantly. We are not in good terms and only communicate about the kids. I have still maintained contact with my children and support them financially.. There are a few court orders in place including maintenance order, access order and that the kids cannot leave the Irish jurisidiction without both parents consent. The kids visit me half of the summer holidays and we alternate xmases(through a court order). I also visit them whenever i can provided i give her enough notice. I support them financially(also through a court order).
She is now planning to move to Canada with the kids to look for a job, next year(she's currently on social welfare).
Can i use the court order that prevents the children from leaving the jurisidiction to prevent her from taking the kids to Canada? Do i need to get an injunction to prevent her from taking the children? Can i use the court order/injuction to prevent the Canandian embassy from issuing her with a work visa?
My worry is that she could sneak out of Ireland since i live in the UK, what measures can i put in place to make sure that she doesnt? If she managed to sneak them out of Ireland, would i be able to get them back to Ireland/UK? How?
Please advise
Hi mate, she presumably wouldn't be able to leave to go to Canada as the order says they cant leave without your say so as well. She could take you to court and try to force the issue and you object but tbh, I wouldn't worry. If she had some great job lined up, she could make a reasonable case in court but even then you would be able to present the counter argument that your relationship with them and your family is established and in their best interest.
Your winning point in my view is no court in the land will say its in the childrens interest to move to Canada purely for her to look for a job. No job, no chance of any court granting her wish Id say.
If you have a court order saying she cant leave Ireland and she did, she would be chucked in jail once she was caught in Canada and forced back to ireland to face charges of abduction I think.
Plus unless shes Canadian, I don't think she will have much success just turning up in Canada and getting to stay as she's looking for a job. Sounds like shes just trying to p1ss you off and scare you. Just tell her you know she is bullsh1tting you and cant just pitch up in Canada and say to immigration 'i'm moving here' and they say 'no problem'.....
Brokendad is right insofar as she can't just go to Canada to look for a job.
She needs to prove that she has a job and enough financial means to support herself
and the children for at least a year before she would be allowed to reside in Canada.
As Brokendad wrote, she is just trying to scare you.
Tc
Kirsten
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