Thank you for the advise!!

Reddit has a great legal advice subreddit for answering questions like these. Their forums are public though so if you decide to post, be careful not to reveal any personal information.

From a few threads I've read, it's likely you're going to need her permission, especially if you are easily able to contact her.

That's the impression I got too which is why I was worried at how lightly my other half was trying to deal with this. Thank you so much for the information, I'll try to look in to the link provided.

You'll need permission from the mother has she can take him to court for 'knidnapping' (yes - that's the right word). It will require legal paper that must be kept at all time. If I remember correctly, your fiancee will have to show HOW he plans to share custody as well with his ex-wife.

(I'm Canadian and I have worked for the gove of immigration)

Thank you, that helps a lot. I've read a case about a international divorced couple, who the mother moved back to her country with her kids and the father claimed that she kidnapped the kids. So that was exactly what I was worried about. I will be giving your information to him so hopefully it will be enough to convince him to get in touch with some law office.

he should talk to his ex wife an get her to give permission to move and if she says no take her to court she isn't keeping in contact with them on a regular basis not to mention she pays no child support maybe he should have sole custody.

I agree with you about the fact that he should have sole custody... he was just afraid to take the risk as he feels that the court may favor the mom especially because she seems to be doing well overall compared to him as he has some medical issues. But it seems like something he is willing to do now. Looks like he is finally gonna get in touch with her, so hopefully we get an answer that won't have to make us take this to court... Thank you

Yeah trying to come to an agreement is the easiest and maybe she will put her feelings aside and think of this is a good thing for you guys as a family. Maybe like they can spend holidays with her or something if she wants or give her options but make sure to get everything in writing. I mean shes very lucky if shes not paying child support and you guys haven't pursued it but he is the one who is doing everything right now and shes not making a effort to be more involved.I hope everything goes well for you guys.