What would happen to a mother convicted of child abuse, but not a citizen of Canada?
Topic: How to write a short story about mental illness
July 16, 2019 / By Cherette Question:
This is not a real situation, by the way. I'm taking some writing classes and this is for a short story that I've been thinking of doing for one class.
Anyway. Imagine that a Japanese woman is married to a Canadian man, living in Canada, and still waiting for full citizenship (I'm not sure how long that takes; will be researching that too).
So. they have a child, about 7 years old, and the mother is unhappy about how that child is doing at school (yes, this is not a happy story... will develop into horror), and starts physically abusing the child to the point that she's arrested for child abuse. The husband and wife get divorced, he gets custody.
Would she go to jail, and then get deported? Would she just get deported and not bother with jail time? Any other ideas on what would happen here?
By the way, I'm living in Japan, have a Japanese girlfriend (who doesn't torture children!) and have nothing against Japanese people! It's just an idea for a story, and the nationality will be important in the story.
Thanks in advance for any comments!
Best Answers: What would happen to a mother convicted of child abuse, but not a citizen of Canada?
Asenath | 7 days ago
While Japanese women are known to kill their children in Japan, it's odd and rare to find this type of situation in Canada. Depression/mental illness is always a factor.
If she has landed immigrant status, the Criminal Code of Canada applies.
Most immigrants who have landed immigrant status are not automatically deported, they have rights in this regard.
If the abuse leads to the death of the child, is it first, second degree murder or manslaughter?
If the lawyer puts forth an effective defense that she was depressed and the murder (you did say horror) was not pre-meditated and she has no priors, she might serve less than ten years.
If she mutilated the child, hid the body, her lawyer might argue that she is mentally unstable and she might be sent to a mental institution.
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Originally Answered: If an illegal alien mother has a child with US Citizen, what happens to the child?
Immigration status does not typically play a role in a custody battle. The judge will determine what is in the child's best interest. If it can be proven that one parent is unfit compared to the other, then the other parent will be given sole custody (the other parent would receive visitation rights). However, if it is deemed both parents are suitable choices then they will share split custody.
If the mother was deported, the child will go where the judge had ordered custody. If the mother had primary custody then the child would be with her and vice versa for the father. However, a hardship case may be argued in a court of law as most judges still favor the mother - resulting in an overturned decision of deportation and granting residency rights (most likely only until the child reached the age of majority - 18).
Regardless, child support theoretically extends all over the world and the parent without custody would still be required to pay it no matter where they lived.
Omg, save yourself some brain cells and don't bother reading bwo's verbal diarrhea.
The way I read your question, she's a Japanese woman living in Canada, married to a Canadian with a small child, awaiting citizenship.
Since she's awaiting citizenship that most likely means she is a permanent resident already. The fact she is married to a Canadian, has a kid and lives her leads me to believe she'd be a permanent resident.
I'm not an expert, but child abuse is covered under assault in the Criminal Code.
The punishment for simple assault is maximum of 5 years in jail.
In order for a permanent resident to be deported they'd have to be convicted of a serious offense (one which a possible jail time is 10 years or more).
They could be deported for a simple assault if they were given a sentence of 6 months or more.
Honestly, if it's the first time, a judge will probably be lenient and hope that the family can get back together.
Same with any immigration process that may result. They will always consider the best interests of the family.
If you want the mother to be deported for sure, make her do a really heinous thing like almost killing the child, etc. Then it's at least possible.
The threat of deportation for a lesser offense might make for a good story though too!
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No, the youngster secure practices Act does not bypass that far: who's a toddler a toddler is a guy or woman under 18 years. 21A Unborn babies (a million) This section applies if, in the previous the beginning of a youngster, the supervisor government rather suspects the youngster could be in want of secure practices AFTER he or she is born. (2) the supervisor government could take the action the supervisor government considers suited which incorporate, to illustrate— (a) having an accepted officer look at the situations and verify the probability that the youngster will want secure practices AFTER he or she is born; or (b) offering help and help to the pregnant lady. (3) the purpose of this section is to cut back the probability that the youngster will want secure practices AFTER he or she is born (as antagonistic to interfering with the pregnant lady’s rights or liberties). The Act does not grant for interference with a pregnant lady, save "offering help and help". it incredibly is it. Is a slippery slope: would a pregnant women individuals drink a pitcher of champagne on New Years Eve? ignore approximately it, the regulation has no business enterprise interfering - and the regulation for sure recognises it and cuts in need of such interference.
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First, you don't get citizenship in Canada from marriage. Your Canadian spouse would need to apply for your permanent residency. That takes less than two years depending upon the country the spouse is from -- as there is a backlog in most embassies. Japan is actually fairly quick (under eight months total on average).
Second, you'd have to explain how they have a have a seven year old child, she is living in Canada, and yet does not have permanent residency. Married or not, she can't stay in Canada for more than 90 days without a student visa or work permit. The time lines just don't make sense here.
Third, the times lines between her and the child coming to Canada and her beating him over schooling are equally tight. He would have to already be in Canada in say June and make the application. She then comes over in (as a visitor) in August; kid starts school in September; she beats October, etc. A few months either way and she can't be in Canada, would already have citizenship, or the kid wouldn't be in school.
Forth, it takes far longer to file for a divorce that for the criminal charges to be sorted out. Her criminal trial would happen far quicker than him being able to file for divorce. In most cases, any family court would stay the divorce hearing until the criminal trial is concluded since presumably the husband would want to use evidence of the criminal trail in the custody/divorce hearings.
However, for the sake of argument...
Her arrest would not invalidate her application. You need a conviction to do that. Presumably if the husband were going to divorce her, he would merely withdraw the application -- the Canadian spouse must make the application to sponsor a family member.
As far as the criminal charges, that would depend on a few things. For minor crimes, most courts would rather not deal with going through the process of a costly trial. In most minor cases courts will just ask Citizenship and Immigration Canada to deport her if she isn't there legally -- again, you need to explain what she is doing in the country without already having waited for permanent residency.
For more serious charges, they'll typically ask for a plea and make leaving the country part of the plea agreement. If the person doesn't wish to plea... they'll go through with a trial and (if convicted) a judge will usually assign a suspended sentence and allow CIC to deport the person to the criminal conviction. You are criminally ineligible for entry into Canada if convicted of a crime which carries a maximum sentence of more than six months in jail. This effectively bans them from the country for life and saves a lot of money in jail costs.
For extremely serious crimes, they'll make the person serve the jail time and then deport them. If we are talking about burning the child for life or putting her in a comma, then the court will probably eat the cost of the jail time in return for sending a message.
As for the child... a family court will determine custody. With the arrest, the court (and child services) is going to give temporary custody to the father and ban or limit contact with the child. Following the court case, plea, or deportation that custody would presumably be make permanent.
Of note is that fact that Japan is not a signator to various international child custody agreements. It specfically recognize child custody rulings of other courts and many nationals have had extreme problems regaining custody of children when parents take children to Japan. As such, most courts will immediately order the child's passports to be surrended to the court when one part has Japanese citizenship pending the outcome of the case.
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Originally Answered: My boyfriend was molested as child and his mother abuse him verbally?
I assume she molested him, as for being the child of rape, that may or may not be true. She may have been abusive to his father, and since there were no places for male victims of abuse to go to with their children, he had to leave with his son. Women who abuse men also abuse their children, especially male children, accounting for 55% of fatal child abuse committed by anyone. Fathers account for 8%.
As for your research, I have to question any such claims. Those claims was disproved back in the 80s, when it was policy to require sexually abused boys, 10 and up, to have a sensor and zapper attached to their penis. They were shown government approved kiddy porn, and if they reacted, your penis got shocked.
Of interest, the one who sued to get the program stopped was an Arizona mother who had molested her son, age 10.
As for him, I would suggest a couple of books:
Stop Whining, Start Living
Bad Childhood--Good Life: How to Blossom and Thrive in Spite of an Unhappy Childhood
I should mention that if he's under 30, he should consider waiting. Males reach full maturity at 30, and he will be better prepared to face the world. Also, he likely needs to start associating with married men and fathers, of intact families, so that he can get a better feel for a normal family life. Churches would be a good source.
I'm just an old fart of a grandfather, but if he needs someone to talk to about life and the things he missed growing up, have him email.