My daughter moved down to Clinton MA in September 2021 to reunite with her husband who lives in Clinton MA and my

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Customer: My daughter moved down to Clinton MA in September 2021 to reunite with her husband who lives in Clinton MA and my daughter is Canadian citizen she has sole custody and has a Canadian order but some how her husband got a temporary custody order in November they had only been there for 2 months now he is saying the court date is March 29 but the marriage is not working and my daughter wants to take her kids and come back to Canada can she just leave with her kids she never received a court date she was only told by her husband court is march 29 please let me know her children and her are in danger
JA: Has an emergency custody motion been filed?
Customer: From my daughter no
JA: When did this happen exactly? Have the police been involved?
Customer: my daughter was told after her convinced her to got to the hospital and be assessed for mental disorder because if a comment she made about being better off dead he told her she would only have to stay for 4 hours but they kept her for 24 hours found nothing wrong with her and in that time her husband got a lawyer and said he has a temporary Order for custody that happened in October 2021 or November 2021
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Yes they live with his parents and brothers the children are being abused they have a DCF worker and we have talked to them she just went to the police station to lay a restraining order and the police man asked her if she was served with court papers and she said no so he told her she could gather up her kids and leave and go back to canada
Answered by Legal Ease in 5 mins 9 months ago
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Jessica

Jessica

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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.
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Legal Ease, Expert

I know your question is important to you and I will be giving it the time and attention it deserves.

Sometimes responses and replies take time, so I ask you to be courteous and patient to allow me the time to type answers to you and also to others. At times I may even have to do some research.

I am sorry to hear of this difficult situation.

So you are saying that the children habitually reside in Canada and she has a court order here for sole custody but then she agreed to move to the states with her husband even though they are separated?

Customer
Hello can my daughter take her kids and leave since I know she and the kids had to live in Massachusetts for 6 months before going for custody he apparently got that in 2 months
Customer
Hi
Customer
But it is not a good or safe for the kids or Samantha she wants to come home
Customer
He is abusive to the kids and now starting on Samantha
Customer
DCF is involved and Samantha was under the impression that DCF said she couldn’t be alone with her kids but now knows that Matthew and his brother and a lawyer put that on a paper
Customer
only one of the children has dual citizenship the other 2 were born in Canada she wanted to try and be a family but I believe her husband did this deliberately to get the kids away from her. The 2 older boys 5 and 4 are the husbands but the youngest boy is from a relationship my daughter had here in Canada during the 4 year separation so he is not her husbands child
Customer
Are you still therr
Customer
There
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Legal Ease, Expert

Yes I am still here. Does she still have a lawyer acting for her in Canada?

Did she go for a visit only and not move there?

Customer
She had planned on moving there but like I said the situation is bad she just wants to come home
Customer
She was granted sole custody of the 2 boys she has with her husband in 2019
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Legal Ease, Expert

Here is the answer to your query. Please do not hesitate to ask any follow up questions related to this response and know that I will respond as soon as I can.

The law is that the court that has jurisdiction over the children is the court in the jurisdiction where the children habitually reside. So if she can take the position that she and the boys habitually reside back here in Canada and then she just came to the US as an experiment that has failed it may be that she can use the order that was granted back in 2019.

On the other hand if the courts both say that the children habitually reside in the US then she needs a lawyer in the US.

Rebecca next step would be to get in touch with her family lawyer who acted for her back in 2019 or else to try and come home to Canada immediately on her own and deal with this once the kids are back in Canada.

Do you see what I mean?

Customer
But they have not lived there for 6 months so she should be able to leave it was an experiment that did not work out
Customer
Do you know Massachusetts law or are you from United States in a different area
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Legal Ease, Expert

I am a retired family lawyer in Canada.

Customer
But you don't know Massachusetts law then
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Legal Ease, Expert

I don't know specifically about the law in Massachusetts but I do know about the jurisdictional issue because it's more of an international issue and the point here is your daughter wants to be able to take the position that the law in Massachusetts does not apply to her children.

Customer
I think her husband lied about having temporary order and said the court date is in March because March will be 6 months the police officer my daughter spoke to said that she can take her kids and leave and come back to Canada she is talking to her DCF worker now and then going to the court
Customer
exactly
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Legal Ease, Expert

Well there is no order if there was no hearing. If there's a temporary order she would be provided with a copy of that order. The police officer said she could go so I don't know what she's waiting for. If I were you I would tell my daughter to get on the next plane even if she has to leave all of their things there and get home to the jurisdiction where the court will protect her.

Customer
Like they are saying because she went for custody but never said they were married but the lawyer knew they were married he was served but never came here to go to the custody hearing
Customer
I am trying to reach her thank you so much
Customer
He showed her an order that he has but she never received one
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Legal Ease, Expert

Perhaps he did get an emergency order but her position is that the court has no jurisdiction of her children because she hadn't settled there. The children habitually reside at home and she already has an order. The police said she could go so she should flee.

Customer
The DCF is telling her to put a restraining order on her husband against her and the boys and they can help
Customer
Does she need that
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Legal Ease, Expert

Well if she's staying there sure but really she needs to flee. She has to get on the next plane home so the court in the US doesn't assume jurisdiction over these children. They are only there temporarily and are now going back to the home where they habitually reside.

Customer
Ok
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Legal Ease, Expert

OK

Customer
DCF is equivalent of childrens aid
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Legal Ease, Expert

Yes I do know that. I have been around for a while! Let me explain something further.

She may get sole custody of the children in the US but it's likely the case that if the court decides the children habitually reside there she can never bring them back. She will have to live where the father lives.

Do you see what I mean?

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Legal Ease, Expert

What city do you live in?

Customer
I am telling her to just leave with them
Customer
Clinton
Customer
Massachusetts
Customer
I am trying to figure out how she can leave with no issues
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Legal Ease, Expert

You live there too?

Customer
No I love canada I live in Hamilton Ontario
Customer
That is where Samantha lived until she made the worst decision and went down there
Customer
The problem is she has no income at all until she gets back to canada she is on Odsp
Customer
Or was on it
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Legal Ease, Expert

That's what I'm asking. So she could get in a car and drive. I live in Toronto and I know that it will take her just over eight hours to get from Massachusetts to Toronto. Hamilton is s another 45 minutes. So she should get into a car. She can rent one and drive home to you.

Customer
But she just got her licence
Customer
I don't know that she could do that I wish but I don't think she would be able to rent a car
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Legal Ease, Expert

I see.

Can you get her or send someone to get her?

Customer
No the DCF just got off the phone with me he says Samantha signed the order so I don't know what that means because she still has not been there for 6 months
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Legal Ease, Expert

Oh dear. It seems that she consented to some order and isn't even sure what she consented to perhaps. I don't know what to tell you because we don't know what's going on. She may need a lawyer there. In my view I would still tell her to get home immediately.

Customer
They may have her arrested
Customer
For removing the kids
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Legal Ease, Expert

Well it depends. We don't know what she signed and we don't know if she had independent legal advice before she signed it. We do know that she habitually resides in Hamilton and she has an order for a sole custody from the court that has jurisdiction over the children. But perhaps you need to get her a lawyer here and/or a lawyer there.

Customer
The problem is I don't have money for a lawyer
Customer
She has a learning disability and she was never in trouble with law so she doesn't understand they took advantage of that
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Legal Ease, Expert

Oh dear. Perhaps she can get legal aid in Hamilton or down there? I don't know what else to suggest.

Customer
Ok thank you she says she signed for the next court date
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Legal Ease, Expert

I think she probably can sent it to him having insurance or custody. There's no way to know. She doesn't even have a copy of the order.

Customer
No she doesn't
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Legal Ease, Expert

She should try to see a lawyer down there. It sounds to me that she doesn't have the strength to pick up the kids and come home.

Customer
She doesn't she is scared now
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Legal Ease, Expert

I understand. I don't know what else to tell you. I do have to go off-line for a couple of hours and I will check back when I return but I don't have any other solutions.

Customer
Ok thank you
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Legal Ease, Expert

You are very welcome.

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Legal Ease, Expert

Is there anything more I can help you with before I mark this question as complete?

Customer
DCF took the kids and they put my daughter up at a motel so hopefully the Canadian order will be recognized and she can get back home
Customer
But so far no I guess hopefully it will work in her favour now thank you though
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Legal Ease, Expert

Wait, does she have the kids with her in the motel?

Customer
No DCF apprehended them because her husbands temporary order said she couldn't be alone with them so DCF is going to assess her and if she is found to be good then they will give the kids back and she can come home
Customer
The husband showed his true Color's so that is why DCF took them and realized my daughter is also being abused so I am praying the the Canadian order will uphold they are trying to get an emergency court date
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Legal Ease, Expert

I see. I sure hope this works out. They need to be home with you.

Customer
I am praying but thanks again
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Legal Ease, Expert

But could you please be sure to come back and tell me what's happened. Obviously I have a particularly strong interest in your case and I want to know how it worked out.

Customer
I will
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Legal Ease, Expert

Thanks

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Legal Ease, Expert

Is there anything more I can help you with before I mark this question as complete?

Customer
No
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Legal Ease, Expert

Thank you for trusting us to help you here at JustAnswer. If you need more clarification or have a follow-up question just reply and we can continue our dialogue. If you would like to ask me new 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.

Although I can’t always give good news, I am direct and do my best to simplify things for people to understand.

Thank you very much!

Best wishes,

Debra


Customer
Thanks Debra
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Legal Ease, Expert

You are very welcome.

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