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Old May 4, 2009 | 1:44 pm
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Angela.McFet
 
Join Date: May 2009
Posts: 2
Question Crossing the border on land

I have read some of the threads involving air travel and outstanding warrants and I have a quick question for some of the experts regarding ground travel.

Here is the situation in a nut shell. A friend of mine divorced in Florida and moved to Canada- all above the boards- no problems there. She had been in Canada for a few years, the ex back in Florida thought it would be cute to go down to the court every few months and file a motion for custody. This did not work the first three times, but the final time, he claimed that he did not know where she and the child were, claimed it was an emergency, and was able to get a hearing on it. Sandi appeared by phone for the hearing and told the judge that it was all a bunch of bunk and proved that he did in fact know where they were. Judge was not too happy about it so he demanded she send the child to Florida for a custody hearing. She had been living in Canada for 4 years, and had been contending with Florida court action at least once if not twice a year. She filed for a change of venue in Canada, and she eventually won. Unfortunately the Judge in Florida does not recognize the change of venue, demanded she appear for a hearing, she didn't go, so he issued a "FELONY" warrant for failure to appear.

She has contacted attorneys in Florida who all tell her that she should just come down and turn herself in. She is a school teacher, a felony arrest would cost her her job.

2 questions:
1. Is there a way she can check to see what will happen at the border- in advance of going? Can she check and see if there is a warrant tied to her passport? The passport was issued AFTER the warrant was- she was worried sick she would not get a passport but she did. Even her background check came up clean through the FBI.

2. Is she safe crossing the border on the ground? Once she becomes a Canadian citizen and gets a Canadian Passport- since her background came up clean, will the warrant be tied to her Canadian passport?

(The child at the centre of this hooey is 16 years old- the "father" has had no contact, paid no support, has not even tried to call her in almost 5 years....)

Aside from advising her to get a lawyer- which I have done, and she has checked into it-- she was advised 2500 retainer but she has to submit herself back to the jurisdiction of the court in Florida, OR, she was chastised and told to return to Florida and make right what she did wrong. She did not do anything wrong... but that is not the tpoic of my post.

Any advice for her?

Thanks!
Angel
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