In 2024, about 122 missing children reports ended up being parental child abduction cases. Getting a divorce is already stressful, and things get even more complicated when children are involved.
Due to the fear of losing visitation rights or custody, one spouse may engage in parental child abduction. Even if your child is not in any immediate danger, the kidnapping can take a toll on your kid’s emotional health.
Increasing your awareness of parental child abduction Canada before separating from your spouse can help you avoid an uncomfortable situation. Dive below to learn more.
What Is Parental Child Abduction?
Parental child abduction is a crime that involves a non-custodial parent taking away their kid from the custodial parent without the latter’s consent.
Such incidents commonly occur during separation or divorce proceedings. Your spouse may take your child to a location you can’t access to punish you or because of fear.
If your spouse takes your kid to a place within Canada, it will be a case of domestic parental child abduction. However, if the child is moved to another country, the case will be one of international parental kidnapping.
Both types of parental child abductions are punishable by provincial and federal laws.
Important Parental Child Abduction Facts
Many people confuse parental child abduction laws with regular kidnapping rules. However, they differ significantly. Let’s look at some key parental child abduction facts to help you:
Both mother and father are equally likely to commit parental abduction. The former usually kidnaps their children after a court order is made and they’ve lost custodial rights.
Fathers tend to abduct their children before court proceedings out of fear of losing the custody battle.
No Custody Order Parental Kidnapping Canada
A no custody order parental kidnapping Canada involves one parent keeping their child away from the other parent without a custody order. When such order is not present, both spouses have equal rights and responsibilities towards their child.
If your ex-spouse is preventing you from visiting your child or taking them out of the country without consent, it may be considered abduction. The conditions for no custody order parental kidnapping Canada include:
- The kid is under the age of 14
- No custody order is present, but there may be details of custody rights in separation or divorce agreements
- A child is taken away or concealed by one parent to deprive the other parent, who also has parental rights under common statutes
Fulfillment of these conditions allows you to file a no custody order parental kidnapping Canada case under section 283 (1).
Custody Order Parental Kidnapping Canada
A custody order parental kidnapping Canada occurs when a spouse takes away their child from the parent with custodial rights. The custody order demands that the kid be with a specific parent, and consent needs to be taken before the other parent takes the child somewhere.
Let’s imagine you have a custody order that gives you sole parental rights, while your ex-spouse has visitation rights. Your former partner may take your child to their house, but fail to return them at the agreed-upon time.
If you have probable cause to believe your spouse has abducted your child, you can file a case against them under section 282. When a custody order is present, the court always intervenes to ensure the child is returned safely to the custodial parent.
Warning Signs Of Parental Child Abduction Canada
Parental child abduction can occur at any time, but many parents show common warning signs beforehand. Being observant can easily help you prevent your child from experiencing parental kidnapping.
Determining exactly when parental child abduction may happen is impossible. Staying vigilant if your ex-spouse shows signs of hostility or big life changes, such as relocation to another province or country, will help you.
Quick Actions Matter: Steps To Take After Parental Child Abduction
A prompt response is necessary when you suspect your ex-partner of parental kidnapping Ontario. Here are the immediate steps you must take:
1. Call The Local Police
If you believe on probable grounds that your non-custodial ex-spouse is taking away your child, contact the local police immediately. A common reason to suspect parental kidnapping may be when your spouse fails to deliver the child back to your place after a scheduled visitation day.
Most parents believe they have to wait 24 hours to file a missing persons report. That’s not the case if parental child abduction is suspected. You can involve the authorities at any time after you’ve tried to contact your former partner and child, but have failed to get in touch.
2. Contact A Parental Child Abduction Lawyer Scarborough
Meeting a parental child abduction lawyer Scarborough is always the next step after filing a police report. The attorney will help you understand whether the parental child abduction criterion applies to your situation.
They will also check if you have a valid custody order and meet with a judge for legal intervention. Contacting a family lawyer is also important because parental kidnapping may turn into international abduction.
For the latter parental child abduction cases, a lawyer will also help you connect with consular authorities.
3. Put Your Child On The Passport Control List
Preventing your spouse from taking away to another country is possible if you’re a custodial parent. You can contact the Canadian Passport Office to request that they put your child on the control list.
They will require you to show your custody order to them before putting your child on the list. Once your kid is on the control list, the airport authority will inform you if your child’s passport is used.
Most parental child abduction cases are resolved quickly, but things can get complicated if your partner manages to reach another country. That’s why you must take strict measures like this.
4. Gather As Much Information As Possible
While your police and lawyer work tirelessly, you can make things easier for both by collecting information. Call friends and family members to inquire about your former partner’s possible whereabouts.
Recalling details from your marriage may also help you locate them. For example, partners often share places they want to visit or countries they consider a haven for a peaceful getaway.
How To Prevent Parental Kidnapping Canada?
Parental kidnapping in Canada is a preventable crime if couples take active measures:
1. Develop Solid Separation Agreements
Whether you’re separating from your spouse or getting a divorce, child custody should be your top concern. Try to develop a mutual agreement with your partner to avoid a court battle. Solid contracts ensure both parents are content and eliminate the chance of parental child abduction.
2. Ensure Everyone Around The Child Knows The Legal Situation
Many parents abduct their child by picking them up from school or daycare. Teachers may let your spouse take the kid if they don’t know a custody battle is going on.
Always inform the following people about your legal situation:
- Babysitters
- School teachers
- Parents of children your kids enjoy play dates with
If they know you have custodial rights, they’ll always inform you before giving your child to your ex-partner.
3. Let Your Child Know The Difference Between Keep And Speak Secrets
Some parents use emotional tactics to manipulate their child into going with them. For example, they may visit the kid on non-scheduled visitation days and tell them to keep it a secret.
They may also tell the child to pack their essential stuff by saying they’ll take them on a surprise getaway. Such secrets can be harmful because your child may not know they’re being legally abducted.
Ensuring your kid knows the difference between secrets that must be kept and those that must be spoken about is crucial.
How Family Lawyers At Barnett Law Help With Parental Kidnapping Ontario
Barnett Law has an experienced family lawyer to defend your rights during:
- Divorce proceedings
- Child custody battles
- Parental child abduction cases
- No custody order parental kidnapping
Our team has extensive knowledge of Ontario’s Family Law Act. We know when child abduction applies in custody battle cases.
Experts at Barnett have successfully helped many clients get their child back after domestic and international parental child abductions.
FAQs
Can A Mother Move A Child Away From The Father In Canada?
A mother can move a child away from the father if the latter has consented to the action and there’s no custody order.
What Is The Punishment For Parental Child Abduction Cases?
The punishment for parental child abduction cases ranges from a summary conviction to 10 years in prison.
What To Do If International Parental Child Abduction Has Occurred?
If international kidnapping has occurred, you must contact a family lawyer and the consular authorities. You can also seek support from non-profit organizations for missing children or parental child abductions.
Can I Get Back My Child If I Don’t Have A Custodial Order?
You can get your child back without a custodial order by pressing charges against your ex-spouse under section 283 of the Canadian Criminal Code.
Contact Barnett Law To Recover Your Child After Parental Kidnapping Ontario
Parental child abductions cause serious emotional damage to the child and the custodial parent. Getting your kid back should be your top priority, which is why you must connect with a family lawyer.
Barnett Law can help you get a court order that can aid the police in their search. Contact us today to schedule an appointment with our parental child abduction lawyer!
Author Profile
- Barnett Law is a trusted and knowledgeable lawyer in Scarborough. Her expertise spans real estate law, family law, adoptions and fertility law. A lawyer by profession and a humanitarian by heart, Athena Narsingh Barnett wants to help people become more familiar with the legal system and be well-informed to make important legal decisions.
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