Where to sue my ex husband?

[Jasmine2018]

Hi guys... i am wondering where I should go to sue my ex husband who is Canadian and i am not Canadian. I have one Canadian daughter and I have her custody. Now i got a study visa to go Canada and study for my master degree. I want to take my daughter with me to study there but her Canadian passport and her citizenship certificate is with her dad, and he refuses to give it to me. I want to go to the court to my daughter documents. I live in jeddah, KSA.

 

[russ6970]

So you and your daughter are living together? What age is she? Can you not get a copy of the certificate and new passport without going to court? I would say, contact the Canadian embassy where you live and they may be able to sort something out.

 

[scylla]

Hi guys... i am wondering where I should go to sue my ex husband who is Canadian and i am not Canadian. I have one Canadian daughter and I have her custody. Now i got a study visa to go Canada and study for my master degree. I want to take my daughter with me to study there but her Canadian passport and her citizenship certificate is with her dad, and he refuses to give it to me. I want to go to the court to my daughter documents. I live in jeddah, KSA.

You need to go through the court system in KSA to obtain sole custody of your daughter.

 

[Jasmine2018]

You need to go through the court system in KSA to obtain sole custody of your daughter.

I already have the custody, but nu ex husband refuses to give me my Canadian daughter passport

 

[Jasmine2018]

So you and your daughter are living together? What age is she? Can you not get a copy of the certificate and new passport without going to court? I would say, contact the Canadian embassy where you live and they may be able to sort something out.

My daughter is 5 years old. A copy of her passport won’t do anything cuz I can’t travel with it.
I also heard that the Canadian embassy won’t serve non Canadians, and i am not Canadian

 

[scylla]

I already have the custody, but nu ex husband refuses to give me my Canadian daughter passport

In that case I agree that you need to apply for a new passport for your daughter. You can certainly apply on her behalf even if you aren't Canadian.

 

[Jasmine2018]

In that case I agree that you need to apply for a new passport for your daughter. You can certainly apply on her behalf even if you aren't Canadian.

You mean I apply for a new passport even though there is a valid one???

 

[scylla]

You mean I apply for a new passport even though there is a valid one???

Yes - that's exactly what I mean.

Trying to get the existing passport back from your ex-husband through suing him will be much more expensive and take a significantly longer time. Fastest / cheapest option is to get a new passport.

 

[Jasmine2018]

Yes - that's exactly what I mean.

Trying to get the existing passport back from your ex-husband through suing him will be much more expensive and take a significantly longer time. Fastest / cheapest option is to get a new passport.

Thank you so much. My last question is let’s assume that i got her a new passport and I Entered Canada, can he follow me to Canada and take my daughter from me because he is Canadian and the custody was issued outside Canada?

 

[zardoz]

Thank you so much. My last question is let’s assume that i got her a new passport and I Entered Canada, can he follow me to Canada and take my daughter from me because he is Canadian and the custody was issued outside Canada?

Report the old passport & certificate as lost. He can't remove a child from Canada without permission from the other parent, even if sole custody is not recognized. This is child-kidnapping and a serious offence.

 

[Jasmine2018]

Report the old passport & certificate as lost. He can't remove a child from Canada without permission from the other parent, even if sole custody is not recognized. This is child-kidnapping and a serious offence.

Isn’t also applies to me? If i took my daughter to Canada and got a passport for her without my ex husband permission. Isn’t this also kidnapping?????

 

[zardoz]

Isn’t also applies to me? If i took my daughter to Canada and got a passport for her without my ex husband permission. Isn’t this also kidnapping?????

Not if you have sole legal custody in the country that you are traveling from.

 

[Jasmine2018]

Not if you have sole legal custody in the country that you are traveling from.

Can you explain to me what sole custody. Because I have it and it’s written also that he have the right to see her every weekend.

 

[zardoz]

Can you explain to me what sole custody. Because I have it and it’s written also that he have the right to see her every weekend.

Sole custody is where a parent has the exclusive rights to decide on how and where to raise the child. It doesn't imply no visitation rights. Basically the other parent is stripped of their own custodial rights. Talk to a lawyer about the situation. We are moving well away from immigration matters here and into family law.

 

[Jasmine2018]

Sole custody is where a parent has the exclusive rights to decide on how and where to raise the child. It doesn't imply no visitation rights. Basically the other parent is stripped of their own custodial rights. Talk to a lawyer about the situation. We are moving well away from immigration matters here and into family law.

Ok ... thank you so much. That was very helpful