I Need A Very Good Lawyer

ExMontreal

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Hello,
I think I have a big problem, and I need to find someone on my same situation. I apologize the post is too long.
I was born in Argentina, but grew up abroad. I came back to Arg on my teens but never felt this was my home. I do not feel it now. I always felt a foreign in my own birth city.
At adulthood I moved to Canada and fast met an Argentinian recently arrived too. We married and lived in Montreal for 10 years, where we also have a child. We all have the Canadian Citizenship (this is very important in the last paragraph).
I absolutely love Montreal life style, even the extreme cold winter. That is my home. It is the place I feel alive, I feel I fit in, I feel their values and culture perfectly match with who I am.
However, my husband did not feel the same at all and we finally came back 2 years ago with our young child. One of the major reasons for coming back was the fact that he could never work in his profession in Canada and he expected to do so here. Other major problems were his deep depression and a slowly growing violent way to talk to me.
The problems never ended, he never worked in his field, actually he never worked at all, and his horrible manners to treat me worsen until I decided to leave our relationship earlier this year.
Now we are separate, in the way to divorce. And I can´t stop thinking on what I´ve left behind to help him get the life he wanted. Apparently I can not move back to Canada because I have a young child (Canadian) and my husband will never accept me to leave BA with his child.
The big question is: Is it possible to deny a Canadian Citizen to come back to Canada just because his ex-husband does not want to allow his Canadian child to leave Argentina?
I´ve asked a lawyer who said it will be a long legal battle to get a Judge to say “No. You can´t go” just because the judge will prioritize the last residence of the child (that happens to be BA) in order to avoid the child the stress of moving abroad [what!! What does the Judge know about the stress of moving abroad? Does he have experience? Did he considered the stress of living here?].
I just can not accept it. I can not accept a “no” as a response. You know why? Because I came here under a lie, under a promise that never happened. To save the life of a depressed husband that was turning to a nightmare. To rebuilt a relationship and hopefully end his violent behavior. I can not accept a “no” because I´m raising here, with no economical help at all, a Canadian child that deserves a better and safer life style in the country I´ve chosen for her long time ago. The country I adopted as the proudest Canadian ever. I can not accept a “no” as an answer.
Does someone know what can I do? Does someone know how can I get out of here legally? Does someone have a very good lawyer?
 
I'm not a lawyer but having lived t through it with some friends - I believe you are here until your child is 18.
You have Canadian citizenship as well but you are Argentine. As Argentine citizens living in Argentina, Argentine law applies. Doesn't matter your other citizenship. And that law says you may not travel with your minor child without permission of the father. Not negotiable in any way, shape or form. And they are REALLY strict about it.

I would suggest doing whatever possible to get the father to agree to let you travel. You ARE entitled to financial support from the father. Start fighting for it. If I were you, you might want to hold that over his head and point out if you were able to move back to Canada with the child, you wouldn't need his financial support as much. Might be an incentive for him to grant you permission.

And not to preach - but I hope for your child's sake - you allow him/her to develop a relationship with his father (as long as he's not abusive to child or unsafe environment, obviously) No matter how bitter you may be towards your ex, he is still the father.
 
I knew a woman in a similar situation some years ago. In this case an American woman who married an Argentine. They moved to Argentina and divorced. Then the father refused to allow the mother to take the child out of the country. The mother could have returned to the US on her own (I don't think there is anything preventing the Canadian from doing the same) but she wanted to stay with her son. She had to remain in Argentina until he reached age eighteen. Without any money, it was a challenge but her parents bought her a modest house and she found some work. The husband saw the son periodically. The child, of course, grew up feeling Argentine so he may not have wanted to emigrate at age eighteen. I don't know how the story turned out. The mother definitely wanted to leave.
 
YOU are free to go. It's just the kid who can't leave. If you're miserable here just leave. An un happy parent is more damaging to a child than no parent.
 
Thanks CitiGirl, Chris and Rodolfo for your answers.

I´m sure you´re right and I´ve almost no chances to get out of here with my child. It´s just so hard to accept it.

I spend my days thinking and thinking how come this has happened to me..... I can not believe it....

Thanks a ot :)
 
You could always try to buy off the father if you think he might be receptive to that.
 
No Rodolfo, I don´t think so. He will simply not accept it at all.

Yes, I can leave alone, but I feel I can not leave my girl here. She is my only daughter, I love her so much.

I need to accept that sh.. happens and that this is partially my fault...
 
Try to work on the marriage.

You have to accept the child belongs to both you and the other parent.

You have to accept that the law of the land applies..as and where you are now.

Maybe the child loves his /her other parent as well and may not want to leave Arg or dislike Arg as much as you do.
 
A difficult situation, but as you know, it is best to think of the well-being of your child. There is no easy solution here.
 
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