Child Abduction

Divorce can be one of the most difficult times during an adult's life. This difficult situation can become compounded by heart-wrenching issues surrounding child custody and access. Unfortunately, sometimes parents become so emotionally involved in trying to maintain a relationship with their children, that they abduct their own children and take them out of the province. Often, the non-custodial parent is the one engaging in such behavior but, occasionally, a custodial parent will leave the province with the children to prevent the other parent from getting access.

Preventing Child Abduction

Eliminating Vulnerability by Preserving an Amicable Relationship with Your Ex-Spouse

Child abduction is the most common where the relationship between the two parents is strained. Even if you and your ex-spouse have deep personal issues or disagreements concerning child support, it is best that you try to maintain a reasonable level of tolerance in an attempt to preserve an amicable relationship. Doing so will create an atmosphere of trust that will make it less likely that either spouse will simply run away with the child.

Obtaining a Child Custody Order

Children must have the consent of their parents to travel out of the country. However, in instances where the children's parents are divorced, border agents do not always realize that the consent of both parents is not present. The best way to prevent this situation is to obtain a child custody order, which will serve as evidence that you have a right to the custody of your child. If your child is ever missing, you can notify any Canadian passport-issuing office to have your child's name placed on the Passport Control List. Placing your child's name on this list will flag your child's name, so that border agents can spot the child if anyone attempts to take him or her across the border.

Additionally, a custody order will serve as a formal statement of your custodial rights when speaking with the local police, or attempting to retrieve your child from another country if he or she has been successfully taken across the Canadian border.

Other Preventative Measures

Some other suggestions for keeping your child safe and avoiding abduction include:

If you are the custodial parent, keep your child's passport in your possession at all times
Retain a list of detailed information about your child, including the child's place of birth, Canadian social security number, approximate height and weight, eye color, blood type and any identifying features
Keep an up-to-date color photograph of your child
Maintain copies of important documents, such as the marriage certificates, separation agreements, custody orders and the child's birth certificate
Teach your child how to make long-distance phone calls

International Child Abductions: The Hague Convention

The Hague Convention on the Civil Aspects of International Child Abduction (often simply referred to as the “ Hague Convention ”) is an international treaty that resolves cases of parental child abductions across international borders. Canada is one of approximately eighty member countries and the treaty is administered in Ontario through the Ministry of the Attorney General.

The objectives of the Hague Convention are to promptly return an abducted child to his or her country of “habitual residence” and to enforce the custodial and access rights of the child's parents. If a child is abducted from Canada and taken to another country that subscribes to the Hague Convention , the child will be returned if the following requirements are met:

The child was a “habitual resident” of Canada immediately prior to the abduction
The abduction was a breach of custody or access rights
At the time of abduction, the Hague Convention was in full effect between Canada and the country to which the child was taken
The child is under 16 years of age

If these requirements are met, Canadian courts have jurisdiction over the child and the child will be returned to his or her parent. Additionally, under the Hague Convention , the abducting parent can be extradited back to Canada , where he or she can face severe civil and criminal penalties.

What to Do If a Child Has Been Abducted

If your child has been abducted, it is important to first contact the local, provincial or federal police to assist you in locating your child. The sooner that the police can begin to investigate, the more likely they are to find your child. Upon contacting the police, you should provide them with a copy of your child custody order, as well as any information that may assist them in identifying your child, such as recent photographs or descriptive information.

The police will then enter your child's information into the Canadian Police Information Centre (CPIC) computer system, so that all Canadian police forces can access the information. Additionally, you may want to request that the information be entered into the United States ' National Crime Information Center (NCIC) computer system as well.

The police may then engage in the following activities in an attempt to locate your child:

Notify school authorities of the abduction
Review credit cards records of the abducting parent
Search the abducting parent's bank, phone company and airline records for an indication of where the child may be located
Contact your child's physicians or local hospital, if your child suffers from any chronic medical problems or requires regular medication
Issuing warrants for the arrest of the abducting parent

Once the child is found, the matter may be brought before a local civil court. If, however, the child was taken across country borders, the Hague Convention may come into play and the Canadian courts will regain jurisdiction over the child, so that he or she may be brought back to Canada . If the child was taken to a country that does not subscribe to the Hague Convention , the child's parent will need to have an after-the-fact custody order issued, if one was not previously obtained, and work with the other country to seek custody of the child.

If the abducting parent is prosecuted, he or she may face criminal or civil charges, including the possibility of jail time, steep monetary penalties, a restriction of child visitation rights and the possibility of restraining orders.

Family Law Information