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  1. #1
    Join Date
    Nov 2004
    Location
    Washington
    Posts
    1

    Default Can you use flight risk to try to get custody of children?

    My son is on the verge of a divorce but he's afraid that he won't get custody of his daughter (4 years old).

    His wife doesn't have any family in the US, she's from outside of the country. She's very close to her family in her native country...even sending them close to 20k over the past 2 years that my son knows of and who knows how much behind his back. Her mother at one time told her to just leave the US without the child to come back and live with them if she's unhappy.

    My son, his wife and daughter have been living with us for the past 3 years. We pretty much take care of our granddaughter as my son and his wife work 6 days out of the week. We love our granddaughter and are afraid that we might lose her.

    Could we use "flight risk" as one of the reasons why my son should be able to keep the child?


    Thanks for you help.

  2. #2
    Join Date
    Sep 2004
    Posts
    758

    Default International Custody Issues

    Probably not - your concerns or gut feelings probably won't convince a judge, if she says she's going to stay in the country. You would need some form of admissible evidence of an intention to leave.

    If you are concerned that she might try to leave with your grandchild in advance of a domestic custody ruling, you may wish to look into the Children's Passport Issuance Alert Program.

  3. #3
    Join Date
    Oct 2008
    Posts
    1

    Thumbs up Re: Can you use flight risk to try to get custody of children?

    Actually you might be able to. Although the laws are different in Canada, we recently received full custody of our daughter when her mother ran off to a different province without letting us have contact or knowledge of where they were residing. However this wasnt enough for the judge to rule supervised visitations, we were granted the ability to decide the restrictions of her visitations with our 4 year old.

    I hope that your son's ex does not try and accuse your son of disgusting accusations like what happend to my spouse. Fortunately, some people only care for themselves and not for the childs welfare.

    Good luck!
    Ps. I have to say it.. SEE! Some Fathers do get full custody of their daughters!

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can you use flight risk to try to get custody of children?

    This thread is four years old, doesn't involve Canadian law, and unlike your case doesn't involve a parent who has actually run off with a child.

    The original answer is correct - a judge is not going to deny a parent custody or access on the basis of rank speculation that the other parent might try to leave the country with the child at some point in the future.

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