My niece and her 3 children are Canadian citizens residing in Chile. All three children were born in Chile. My niece has

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Customer: My niece and her 3 children are Canadian citizens residing in Chile. All three children were born in Chile. My niece has sole custody of the children. Her husband has admitted to physical abuse in court. He has supervised visitation rights. My niece lives with the children in a low rent apartment in a poor port town. She makes a living teaching English on the internet. She has no family support in Chile, and wishes to return to Canada - with the children. She has been given a court order allowing her to visit. But her estranged husband will not give her permission to move. What are the consequences of her coming to visit and not returning? Can she be ordered to return, or ordered to return the children by the Canadian government? Are there criminal consequences?
JA: Has there been any mediation on this visitation issue?
Customer: In Chile there have been several attempts to get some sort of support from the husband. But he has a criminal record, and often misses supervised visitation sessions, and support payments. My niece and children where in a group home for a few months, but are now on their own.
JA: What other steps have you taken? Has anything been filed in Chilean family court?
Customer: The Chilean court has granted her sole custody, granted a restraining order, ordered child support, and on previous occasion allowed her to visit her sister in Mexico, with the children.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: The area they live in is currently the site of on-going protests. She and her children have suffered the effects of tear gas on several occasions.
Answered by Legal Ease in 12 mins 1 year ago
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Legal Ease, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

Customer
great
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Legal Ease, Expert

Please note that the experts don’t text so there may be a bit of a delay. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.

I am sorry to hear of this difficult situation.

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Legal Ease, Expert

Has your sister tried to get an order in Chile allowing her to move the children?

Customer
her husband refuses to grant it, It has to be court ordered. The court has granted her the right to visit.
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Legal Ease, Expert

I will answer in a moment. I just want to research one thing first.

Customer
Okay
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Legal Ease, Expert

Canada and Chile are both signatories to the Hague Convention on the Civil Aspects of International Child Abduction .

That means that if your niece moves to Canada with the children their father will be able to go through the Hague convention and will be able to have the RCMP work with the authorities in Chile to bring the children back to Chile. It is not necessarily the case that your niece would be charged but she's not going to be able to do this. She will have to convince the court in Chile to allow her to move the children.

I am so sorry about that.

Customer
thank you
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Legal Ease, Expert

You are very welcome.

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Legal Ease, Expert

Thank you for trusting us to help you here at JustAnswer. I am marking this post as complete. If you would like to ask me more questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

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