Canadian hostage, wife & children freed from Afghanistan, husband arrested for abuse, Oct 2017 #2

[Lilibet]

Assuming that one of the victims is his own child, what future do they have together? I cant see Children's Aid allowing a perpetrator living under the same roof with a child victim.

And if he manages to get off on the charges, the future for CC and the children will be to parade them in front of any media, book or movie deal. He seems to relish the attention, but this cant be good for the children's well being.

A trial could be a year or 2 away. I see the only out for CC right now, is going back home to her parents if she is not there already.

If she is somewhat "dim" and easy influenced, with JB incarcerated, I am hoping her Father is trying his best to get her out of this situation ASAP and somehow give those children a shot at a normal life.

If JB refuses to let her take the kids out of Canada I think she is stuck. He has not lost his parental rights...yet.

 

[JDG]

Would the children not have both Canadian and American citizenship?

Could that help her get them out of Canada with JB in jail?

 

[Lilibet]

Would the children not have both Canadian and American citizenship?

Could that help her get them out of Canada with JB in jail?

It could help, I suppose, but I don’t know Canadian law. In the U.S. taking children to live in another country (or even another state, I think) without the other parent’s permission is not legal AFAIK. I will google.

 

[JDG]

Yes, its a very difficult situation. Once you have a child with someone, you are tied for at least a couple of decades.

It used to be that what the father said, went. I know people need to get letters to take children across the border for vacations, once separated or divorced.

If one parent is in prison, jail I wonder if that is negated somewhat?

 

[Lilibet]

Here’s what I found in Canadian law regarding taking children to another country. I believe the children have dual citizenship, but I don’t think CC can travel to the U.S. without JB’s permission or some kind of custody agreement. Bottom line, it’s complicated. She would be wise to see an attorney. I wonder if the children have been issued some kind of birth certificates yet.

International parental child abductions and custody cases involving Canadian children in foreign countries are on the rise. If you or your partner are planning to travel to another country with your child and there is a possibility that a custody dispute might develop:

• Talk to a lawyer before the child leaves home. Confirm that your custody agreement permits the child to travel internationally.
• Immigration authorities in a country other than Canada may ask to see a consent letter when a child enters or leaves that country with only one parent or without any parent. Ensure that the person with the legal right to travel with your children has a consent letter completed and signed by the parent(s) or legal guardian.
• If you are concerned that an unauthorized passport application may be made on your child’s behalf, you may ask Passport Canada to add your child’s name to Passport Canada’s System Lookout List.
• Be sure to carry proper identification for you and each child accompanying you to help prove your citizenship, residency and custodial rights when travelling abroad and returning to Canada.
• Consult our publications Travelling with Children and International Child Abduction: a Guidebook for Left-Behind Parents.
• Visit our Children and travel page for more tips on how to travel safely with your child.

Your Canadian child custody order may not be automatically recognized in the country to which your child could be abducted. In extreme cases, you or your child may not be allowed to leave the country once you have arrived. Confirm your status and that of your child with the country’s embassy or consulate in Canada before you travel.

BBM

https://travel.gc.ca/assistance/emergency-info/child-abduction-welfare

 

[Grace.212]

If JB refuses to let her take the kids out of Canada I think she is stuck. He has not lost his parental rights...yet.

[FONT=Helvetica, Arial, Times new roman]True, but if she wants to go on another "vacation" with the children, I think she has a shot. I think he would just have to sign a consent letter to allow the children over the border. Whether he would sign it, is another issues. [/FONT]
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[FONT=Helvetica, Arial, Times new roman]Should she decide to divorce him while he is incarcerated or have bail conditions place on him, she would be in a very good position to get sole custody of the children then I don't believe consent is required to travel.
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[SybilMoss]

She would be able to get an emergency temporary custody order right away that should allow her to cross the border. Since America is party to The Hague convention there would not be quite the same fear of parental abduction.

 

[Lilibet]

She would be able to get an emergency temporary custody order right away that should allow her to cross the border. Since America is party to The Hague convention there would not be quite the same fear of parental abduction.

That’s good to know. How do you know though. Not challenging. Just curious.

 

[SybilMoss]

Experience with Ontario Family Law. JB in jail on IPV charges (plus CAS involved) would be enough to justify a *temporary* custody order. Crossing the border isn't really a problem as Canada does not normally do exit control, especially at land borders.

 

[Inthedetails]

Experience with Ontario Family Law. JB in jail on IPV charges (plus CAS involved) would be enough to justify a *temporary* custody order. Crossing the border isn't really a problem as Canada does not normally do exit control, especially at land borders.

That's good news, but also surprising. I know a friend who cannot leave her state in the U.S. with the children to move to another state without her ex-husband's permission. When my children traveled overseas with my husband on vacation without me, I had to provide a certified letter stating I gave consent - in case they were stopped at any border and questioned.

I assumed a mother would have to fight to leave a country with the children without the father's consent.

If you have a link, that'd be great. tia

 

[Grace.212]

Experience with Ontario Family Law. JB in jail on IPV charges (plus CAS involved) would be enough to justify a *temporary* custody order. Crossing the border isn't really a problem as Canada does not normally do exit control, especially at land borders.

Can she get a Temporary custody order without filing for Divorce? Just curious.

 

[Grace.212]

This was interesting, don't know if its been posted here before.

https://omny.fm/shows/on-point-with-alex-pierson/lee-humphrey-spoke-with-joshua-boyle-in-afghanista

 

[JDG]

Experience with Ontario Family Law. JB in jail on IPV charges (plus CAS involved) would be enough to justify a *temporary* custody order. Crossing the border isn't really a problem as Canada does not normally do exit control, especially at land borders.

I doubt the US Customs would let you take children INTO the US with a 'temporary' custody order. Even if the mother has custody, the father has to sign a letter stating that the children can cross borders. IMO

I have a friend who has custody of her children but cannot leave Canada without their fathers permission, as he has visitation rights, etc. IMO

Then theres the whole question about passports for the children. Even infants need their own passports these days and I would imagine you need a letter from the father agreeing to process passports for minors. IMO

 

[AddyFinch]

This was interesting, don't know if its been posted here before.

https://omny.fm/shows/on-point-with-alex-pierson/lee-humphrey-spoke-with-joshua-boyle-in-afghanista

Tanxs for posting

 

[Lilibet]

This was interesting, don't know if its been posted here before.

https://omny.fm/shows/on-point-with-alex-pierson/lee-humphrey-spoke-with-joshua-boyle-in-afghanista

Very interesting. Thanks. This fellow Lee Humphrey met Boyle while at a restaurant in Afghanistan. He is involved in security and “for ransom” negotiations for families. Boyle was talking to some Americans about back-packing in the provinces. They asked Humphrey to talk a fellow Canadian out of it. He tried but JB was arrogant and convinced that because he was a devout Muslim he would be protected by Allah. Humphrey gave up and never found out JB’s reason for wanting to make this trek. JB never mentioned having his pregnant wife with him!!

The interviewer talked about the Trudeau photo op. Humphrey said he would be surprised if the RCMP did not know about the investigation going on. Apparently, Trudeau does not stick to security protocol. He says that the US is very concerned about JB’s connections to terrorists. He says JB is on the periphery of sympathizers, or words to that effect.

He also made a point of saying that the Canadian government was kept in the dark about the rescue until two hours into it because of not supporting rescues in the Philippines.

 

[Lilibet]

I doubt the US Customs would let you take children INTO the US with a 'temporary' custody order. Even if the mother has custody, the father has to sign a letter stating that the children can cross borders. IMO

I have a friend who has custody of her children but cannot leave Canada without their fathers permission, as he has visitation rights, etc. IMO

Then theres the whole question about passports for the children. Even infants need their own passports these days and I would imagine you need a letter from the father agreeing to process passports for minors. IMO

Yes, all of this is the impression I got.

 

[nuff]

I doubt the US Customs would let you take children INTO the US with a 'temporary' custody order. Even if the mother has custody, the father has to sign a letter stating that the children can cross borders. IMO

I have a friend who has custody of her children but cannot leave Canada without their fathers permission, as he has visitation rights, etc. IMO

Then theres the whole question about passports for the children. Even infants need their own passports these days and I would imagine you need a letter from the father agreeing to process passports for minors. IMO

The children are not automatically Cdn. citizens as they were born outside the country (and were the births even registered?) - someone would have to apply on their behalf. This, plus the process of applying for passports would all take time, and CC would likely be unable to take the children into the US until it's all sorted out. Then any custody issue would add to the complications. IMO, this is probably why CC and her parents are still in Canada (even if she wants to leave JB, which or course we don't know.)

 

[Grace.212]

The children are not automatically Cdn. citizens as they were born outside the country (and were the births even registered?) - someone would have to apply on their behalf. This, plus the process of applying for passports would all take time, and CC would likely be unable to take the children into the US until it's all sorted out. Then any custody issue would add to the complications. IMO, this is probably why CC and her parents are still in Canada (even if she wants to leave JB, which or course we don't know.)

IMO birth certificates and passports would have been issued upon their release as an exception to the way we do it, so to speak. Thats part of why they were held up for 2 days awaiting a flight to Canada. The Canadian Government would have done this for them. And I am sure the American government done the same for CC.

 

[nuff]

IMO birth certificates and passports would have been issued upon their release as an exception to the way we do it, so to speak. Thats part of why they were held up for 2 days awaiting a flight to Canada. The Canadian Government would have done this for them. And I am sure the American government done the same for CC.

Do you know that for a fact, because it seems unlikely to me?

 

[Grace.212]

Do you know that for a fact, because it seems unlikely to me?

After five years of communicating with his family only through hostage videos and carefully written letters, Joshua Boyle spoke freely to his parents from a guest house in Pakistan.
They talked of the passports his young family needed, the flights they could take and their long-awaited reunion. The couple and their children flew out of Pakistan with Canadian officials on a commercial flight early Friday.

https://www.thestar.com/news/world/...and-his-family-heard-from-the-kidnappers.html