Child Abduction Law

Child Abduction is a difficult process for the left behind parent. There are however ways in which it could be prevented and to have the Child returned to Alberta.

When Abduction is Possible:

  1. The relationship has broken down
  2. The Parent is from another Country
  3. The Parent still has ties to the other country
  4. There have been threats of the parents abducting the child
  5. The parent has asked for permission to visit the other country with the child
  6. Obtain obtain a police enforcement clause

Steps to Prevent Abduction

  1. Apply for Custody with supervised access to the other parent
  2. Obtain an Order for non-removal
  3. Secure the Child’s passport
  4. Contact Canada’s passport office
  5. Contact Canada Border Services

Steps to take if Child has been abducted

  1. Contact the RCMP
  2. Contact Canada Border Services to prevent the abducting parent from leaving the country if they are still in Canada.
  3. Contact Missing Children’s Society in Canada (http://mcsc.ca)
  4. Use the Court System to obtain a Custody Order
  5. Obtain a Chasing Order for the abducting parent to have the child returned to the Alberta Jurisdiction.

If Child has been abducted to a Hague Convention Country

Bring a Hague Convention application with the Central Authority of Alberta.

Questions to ask:

  1. Is the child 16 years of age or younger? (Art. 4)
  2. Was the child “habitually resident” in left-behind jurisdiction?
  3. Did left-behind parent have “rights of custody” that were actually being exercised? (Art. 3(a)

If answers to these questions are YES, then “wrongful removal”

Is there an exception to return?

  1. Acquiescence or consent (1 year) (Art 12)
  2. Grave risk of harm from return (Art 13)
  3. Mature child objects (Art. 13)
  4. Would return violate fundamental human rights (Art. 20)

 

If the Child has been abducted to a Non-Hague Convention Country

  1. Contact the Police/RCMP
  2. Contact Canada Border Services
  3. Contact Missing Children’s Society in Canada
  4. Obtain an Ex-Part Order for Custody (There are countries where the Alberta Court Order could be utilized to have the Child returned to Alberta)

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