If one parent removes a child without the other parent’s consent, it is considered child abduction, even if the parents have shared custody (care and contact). Child abduction can occur either domestically or internationally.
Although the courts permit a parent to relocate to another province with a child after divorce, some parents take the law into their own hands and remove the child without consent.
If you believe your child has been abducted, the court will consider several factors: the legal status of the other parent; any court orders you may have regarding care and contact of the child; and the intent of the offending parent. The court may not automatically order the return of the child. You may need to make application to the court.
If your child has been taken overseas without your consent, the situation is clearer from a legal perspective. International child abduction is governed by the Hague Convention, a multilateral treaty which seeks to protect children from the harmful effects of abduction and retention across international boundaries by providing a procedure to bring about their prompt return. It has been incorporated into the Children’s Act.
If you suspect your child has been abducted internationally, there is a defined process to follow. Contact SD Law for information and legal assistance on international or domestic child abduction.