How do i serve my spouse with divorce papers in Canada?

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How do i serve my spouse with divorce papers in Canada?

I have been separated for over 2 years from my husband. For the last year he has been living in Canada. I believe he is a legal resident there now. I let our 2 sons go there to live with him. How do I serve him with divorce papers? Also, he will not bring my sons back to the states in fear that I’m going keep them here (take them from him). I need to get divorced and I want to see my sons; it has been over 2 years. He doesn’t even let us have any communication at all.

Asked on October 17, 2011 under Family Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your situation but you really need to get an attorney as soon as you can.  If your sons are US resident and they went for a visit and he kept them that is just like kidnapping.  So you need to deal with it as such and get the authorities involved. If you discussed it and decided that your kids should live with him in Canada but he will not give you visitation, then you need to discuss that matter as well with an attorney.  This is very difficult because he is in another country.  The ability of the court to obtain jurisdiction over him to issue you a divorce is tricky.  You can not do this on your own.  Good luck.


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