International Issue need info about international relocation (returning to Canada from Germany)

[jopaige]

I am married (separated over one year) to a German citizen. We have a 6-1/2 year old daughter who was born in Canada and lived all of her time there up until 2-1/2 years ago when we moved here as a family. Marriage fell apart and now he is refusing to pay spousal support. He has been "verklagt" for child support and pays that. I have a new lawyer now (had a young, unexperienced one for over a year) who is helping me seek sole custody (or perhaps Aufenthaltsbestimmungsrecht - the right to choose where my daughter lives and visitation, etc.). I am more concerned however with the right to relocate to Canada when I am ready. I am thinking when my daughter is finished Grundschule in the fourth grade would be a reasonable transition time for her. However, I need my husband's say-so or I can't go. Even when we are divorced. It is unlikely that I will receive sole custody in Germany as it is the newest trend of the Jugendamt to automatically award shared custody unless one parent is deemed unfit (alcoholic, drug addict, violently abusive). There has been some minor violence in front of my child since the separation at a point where he was unable to deal with a visitation schedule that we had agreed upon with a mediator.

Can anyone there give me some feedback as to my chances for international relocation if he continues to refuse to pay spousal support and continue to be difficult with visitation? Or even just in general. I am unable to manage here financially and am forced to live on Hartz-IV (a type of social aid). I teach Business English a little bit to get by but most of what I earn is taken back from social aid. I last worked as a Legal Secretary for Legal Aid in my province in Canada and despite that am unable to come to any decent work. I have also started two successful tourism businesses with my ex-husband and am still unable to get ahead here. Do these things not help my chances to be awarded the right to relocate back to my home country?

Any help would be appreciated...

Thanks.

 

[mafioso]

This site focuses primarily on US law............You might want to search for other forums which would have more people with experience to help you in your current location. You can try posting your question in the family or divorce section of this forum. Your problem seems to be one which requires a divorce expert and not an immigration one. Once you have the necessary permissions in civil court, I don't see any immigration complications. Good luck!