Law School Discussion

Canadian Family Law with a side Imigration

Canadian Family Law with a side Imigration
« on: January 14, 2011, 08:59:56 AM »
Hi I'm a US resident living with my Canadian husband in Toronto. We have a 2 year old son together.

The question is this: My husband is sponsoring me here in Canada. At the moment, I am not a permanent resident.

The paperwork is in, but hasn't been processed yet.

There are two stages of "approval" for residency.
The first stage, which usually takes about six months after the paperwork is submitted, allows me to work here legally and gives me health insurance.
The second stage, which takes another six to eight months, gives me permanent residency.

If we were to separate during the first or second stages, I would lose my working/health privileges and could not be sponsored.

Okay. My question is this... if I were to leave Canada (split/divorce) and head back to the USA, what are the legal ramifications regarding our son? He was born in Canada. But if I can't work here, then I have to leave, and take him with me. It is my understanding that if I am not a resident here, it makes a difference on how the law looks at our son/custody.

My husband does not work. His mother pays all of our bills as he works on his portfolio (art) which he has been working on for years & I see this going into more years. So, it isn't as if he's out there being the bread winner in terms of how the courts would look at who is bringing home the bacon, that kind of thing. I am the main parent in our son's life in terms of meals, doctor appointments, etc., etc. So, I don't feel custody should be split - but I would never, ever keep him from his father.

Like I said, I just need to know if there is a difference between me leaving with our son before attaining residency or after.