I think my former spouse/partner may abduct my child. What can I do?

You may include a provision in your separation agreement specifying that the child is not to be removed from the province unless both you and your former spouse/partner consent to it.

If there is no agreement then ask the court to make “non-removal of the child without consent” a term of the custody and access order made.

If you are still worried then you may ask the court to supervise the order to ensure that the child is not removed from the province. Or, you may make an application to the court to prevent the removal of your child from Ontario contrary to the agreement or order made, or to ensure that your child is returned to you if you are the custodial parent.

If the threat of abduction is imminent and you are sure that your former spouse/partner will abduct your child the court has the power to direct the police to locate and take your child and then deliver him or her to you. Depending on the severity of the situation, notice may not even have to be given.

Please visit our Child Abduction Law website for more information.