Can I Take My Kids and Leave When We Separate in Ontario?
Whether you can leave with your children depends on your situation, and taking them without the other parent's agreement can carry real risk. If a child has been taken by a family member, a parent can apply to family court to have the child returned, even if the child was taken out of Ontario. Decision-making and parenting time can only be enforced once a parenting order or agreement is in place.
If parents cannot agree, a judge decides based on the children's best interests. Courthouse mediation is free on the day of a scheduled court appearance. In a divorce case, parenting time should give the child as much time with each spouse as is consistent with the child's best interests. Family violence must be considered, and if you are in danger you should call 911 or local police, make a safety plan, and try to take your children with you when you leave.
Under the Divorce Act, a move that means the child's current parenting schedule will no longer work can be a relocation, requiring notice at least 60 days before the move date. Under that Act, a court can waive or change the notice rules where family violence is a risk. Other parents fall under provincial law; confirm with a lawyer.
Key takeaways
- If a child has been taken by a family member, a parent can apply to family court to have the child returned, even if the child was taken out of Ontario.
- Decision-making and parenting time can only be enforced once a parenting order or agreement is in place.
- If you are in danger, call 911 or local police, make a safety plan, and try to take your children with you when you leave.
- Under the Divorce Act, a person with parenting time or decision-making responsibility who plans a relocation, including a move that means the child's current parenting schedule will no longer work, must give notice at least 60 days before the expected move date, though a court can waive or change this where family violence is a risk.