What can I do in Ontario if my child is taken to another country under the Hague Convention?
If your child has been taken out of Canada without your consent, call your local police right away, then contact Ontario's Central Authority to start a Hague application. The Hague Convention protects children under 16 from wrongful removal or retention and aims for their prompt return to the state of their habitual residence. Ontario adopted it through s. 46(2) of the Children's Law Reform Act.
It only works if the country your child was taken to is a member, and Ontario says Canada is one of 101 member countries. It does not apply if your child has been taken to another province or territory; in that case, contact that area's police about enforcing your Ontario order. Where a child has been wrongfully removed or retained, the court "shall order the return of the child forthwith". Habitual residence is decided by looking for the "focal point of the child's life", combining parental intention with the child's circumstances.
Return can be refused only in limited cases, such as a settled child after a year or more, consent or acquiescence, grave risk, or a mature child's objection. A return order is not a custody decision.
Key takeaways
- Contact your local police first, and if the child is taken outside Canada, ask police to contact the RCMP's National Centre for Missing Persons and Unidentified Remains and call Global Affairs Canada Consular Services at 1-800-387-3124, which is open 24/7.
- To start a Hague application, contact the Central Authority for the Province of Ontario at the Ministry of the Attorney General at 416-240-2411 or Hague.Abduction@ontario.ca.
- A court may refuse return if the child is now settled (only where the application came one year or more after the removal or retention), if you consented or later acquiesced, if there is a grave risk of harm, or if a child of appropriate age and maturity objects.
- A return order is not a custody decision, and in the Superior Court a hearing about wrongful removal or retention is held in person without the usual affidavit page limits.