I have a situation:I broke up with my ex-boyfriend long time ago,right now he living in Russia.....we have a daughter together.....few month ago he ask me to send her to Canada,because he will be in Canada during the summer time.....My question is:can he take her to Russia with out my permission?She is a citizenship of both countries.....and I can't travel rigth now because I waiting for my documents.....What documents he need for the kid if he decided kidnap her or it's not a kidneping?She has just her US passport..... what kind of documents she need to traveling to canada?She is 6 years old.Thanks...
No Florida or U.S. law forbids him from taking her to Russia, and you didn't say if there is a parenting plan or other court order in place. Many foreign countries require a letter of permission from the non-traveling parent before the country will permit the child to enter, but since your child is a Russian citizen, the letter will not be required. So, yes, unless a court order forbids it, your ex-boyfriend will be able to take your daughter to Russia without your permission.
Normally, this isn't much of a legal problem. If a child isn't returned to the U.S., a treaty called the Hague Convention allows the U.S. State Department to assist a parent in retrieving the child. The treaty also allows parents to apply in foreign courts for assistance in returning a child to the U.S. The process is expensive, but generally effective. Russia, however, has never signed the Hague Convention treaty, and the U.S. State Department has no power there. Should he refuse to return your daughter, there would be no international authority to return your child, and you would be at the mercy of the Russian courts. In my experience, I've found the Russian courts to be fair in these circumstances, but I'm sure it's a process you don't want to go through. If you have good reason to believe he will not return your daughter, you should speak to a family lawyer immediately. Usually, if a judge believes a child will not be returned, the judge will order the passport held by the non-traveling parent. Of course, given that your daughter has dual citizenship, this measure won't be helpful in your case, and a lawyer will have to help you craft another measure to keep your daughter in the U.S.
Canada is a signatory to the Hague Convention, and children traveling there is generally not considered a threat. Canadian courts are cooperative in assisting the return of U.S.-resident children. Your daughter would only need her U.S. or Russian (if she has one) passport to travel there. No parental permission letter is required to take a child to Canada. Of course, your fear may be that your ex-boyfriend would take your child from Canada to Russia. This may be a well-founded fear, and again, I recommend you speak to a lawyer.
The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy), and the answer should not be construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me for a free consultation at 813-635-0222. Also, if you liked this answer as much as my big ego thinks you did, be sure to click the thumbs-up button!
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