International Child Custody and Support Questions

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mazion

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My jurisdiction is: Maine, United states - Quebec, Canada

My fiance and I have seperated and have been trying to work things out, but to no avail thus far. I'd like to know what my options are before things go horribly bad.

I live in Maine, US and she lives in Quebec, Canada. I understand that this falls under something called the "Hague Convention" but get very vague results in searching what this means for me.

My son was born in Quebec, Canada in late 2008. He has a passport and birth certificate for both Canada and the United States as he is a citizen of both counties.

I work in Maine making around 27k/yr and she lives off of "maternity benefits" that canadians receive for a year after they give birth. I currently have been paying her $300.00CAD a month since we have been seperated (2 Months). We still function as though we were together, however.

I have a DUI on my record (4 years passed) which causes me to have to have a Temporary Resident Permit to see them. I've had 2 TRPs (had to renew) since April 25th, 2008.

She has been unable to enter the United States until recently based on a I-94 we fill out on each crossing.

I've travelled every weekend since April 25th, 2008 to visit her and since Sept to see my boy. Quite costly on gas.

Questions:

If we do go to court, which country will the hearing take place in?

How would joint custody be handled across internation borders? Is it even viable?

How does international Child Support work? Which government decides how much money is awarded to whomever carries custody? How far back will the retro go? How can I figure out how big a hit I will take monthly if the mother is awarded Custody?

I have a documented email from the mother @ my work account stating she wants to cut herself. She also has a domestic violence charge on her record and a military charge in which she maliciously stabbed someone with a bayonette during bayonette training... If I was to want to gain custody, would these things work to my advantage? My record is clean aside from the DUI 4 years ago.

If she is granted custody, how can I enforce the visitation of my son across international borders?

If you can think of anything else I should know, it'd be greatly appreciated. If I think of any more questions, I will post them here.

Thanks for your help in advance.
 
Bump.

Please help I gotta know what's going to happen before I break everything off permenantly with her... She is driving me insane. I am seriously on the verge of seeking a therapist.
 
Bump.

Please help I gotta know what's going to happen before I break everything off permenantly with her... She is driving me insane. I am seriously on the verge of seeking a therapist.

All court issues would be in the child's country of residence...You would have to speak to an attorney in Canada for guidance in their Family Law.
 

Questions:

If we do go to court, which country will the hearing take place in?
Quebec will have jurisdiction.
How would joint custody be handled across internation borders? Is it even viable?
Joint physical custody with 50/50 placement is not feasible. Joint legal custody may be possible, and is awarded in Canada.
How does international Child Support work? Which government decides how much money is awarded to whomever carries custody? How far back will the retro go? How can I figure out how big a hit I will take monthly if the mother is awarded Custody?
Quebec courts will determine the amount of support. Canadian law will determine retroactive support. We deal primarily with US law, but you can check out the following links for additional information:

http://www.justice.gouv.qc.ca/english/publications/generale/modele-a.htm
http://www.justice.gc.ca/eng/pi/index.html
I have a documented email from the mother @ my work account stating she wants to cut herself. She also has a domestic violence charge on her record and a military charge in which she maliciously stabbed someone with a bayonette during bayonette training... If I was to want to gain custody, would these things work to my advantage? My record is clean aside from the DUI 4 years ago.
No one can say with certainty how these things would affect a custody determination. However, none of it actually proves that she is a danger to the child.

Also, you have another hurdle here. I don't think it's likely that a Canadian court will award custody to someone who intends to move the child out of its jurisdiction, unless there is no other choice.

Here's another interesting link:

http://www.duhaime.org/LegalResourc...Divorce-Act-The-TwentyThree-Commandments.aspx
If she is granted custody, how can I enforce the visitation of my son across international borders?
Presumably by filing a contempt motion in the Quebec court.
 
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