Can my daughter's mother, who has full custody of her, take my child out of Canada without my permission?

Question

My girlfriend has full custody of her daughter, while the child's father has guardianship, which allows him parenting time on Sunday afternoons only. We are planning to go to the US for American Thanksgiving, but we think he will be spiteful and not allow the daughter to go to the US. Can his guardian status prevent the child from flying to the US for a week?

Answer 1

Quick answer, yes she can. He doesn't have to give permission.

However, the father does have guardianship, and if he feels too threatened by the situation he could take her back to court and request a re-evalutaion and full custody after the fact. I'd try to work with him instead of fight it, just saying.

Answer 2

Look at it this way, he could view it spiteful for you taking his daughter out of the country.  Not only that, he has a valid concern.

Work with him instead of fighting and agree to a peaceful solution.  This is in the best interest of the daughter.

Answer 3

If he has visitations on the weekend you will be out then you cant go, or you wont be following court order.  You have to have both parents concent to take a minor out of the country anyways, so your girlfriend needs to sit down and talk to him about this.  If he disagrees, theres not much you can do.

Answer 4

You need to call the center for missing and exploited children.  (That is where I was sent for information)  I am common law with the father of my son.  The center told me that I couldn't go across the border without a notorized letter from the father where we were going, and when we were coming back.  BUT...every time we drive across the border, we have never been asked.  Before we got a passport, we would give the border guards all our information, and they never questioned us.  My son has my common law's last name, and mine is different.  They won't even question you when you leave, problem is that he will try and cause trouble and say that you kidnapped the child...The fact that she has full custody might work in her favour.