Canadian mother american father wants custody!

[latattoo13]

Help!!! my friend is living in california and she is canadian and her now ex-bf is american,The child was born in california and now that they have broken up she cant stay in the usa. He says he will not allow her to take their child back to canada she has no custody order nothing.Also he is mentally and emotionally abusing her,stopped supporting her and will feed the child and eat right in front of her while she goes hungry,she fears they will also get evicted from the home they still share and her and her eldest child (from a previous) will be out in the cold while he takes their youngest to his family home.

What can she do? i told her to try for an ex-parte order but im not sure if this is the best method she wants to come back to canada with the child but even if she would have to leave him she fears the father will keep the child from her if she comes to visit or asks to have the child visit her part time..

PLEASE HELP ASAP!

 

[Duranie]

The father does have a right to keep his child in the USa. The child is an american citizen. Your friend needs to file for custody but needs to understand, if she is allowed to move back to Canada with the baby she will likely have to provide transportation to visits.

She might want to see an immigration attorney, or family law.