What Happens If the Other Parent Takes the Child Without My Consent in Ontario?
If the other parent takes or keeps your child without your consent, contact local police if you believe your child has been abducted. If the child is taken outside Canada, ask police to contact the RCMP's National Centre for Missing Persons and Unidentified Remains, and contact Global Affairs Canada Consular Services.
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. It applies only if the country the child was taken to is a member. If the child is still in Canada, in another province or territory, it does not apply, and you should contact that area's police about enforcing your Ontario order.
To start a Hague application in Ontario, contact the Central Authority for the Province of Ontario at the Ministry of the Attorney General. A court shall order the return of a wrongfully removed child unless an exception applies, such as grave risk of harm or consent. A return order does not decide parenting time on a best-interests basis. A lawyer can explain next steps.
Key takeaways
- If you believe your child has been abducted, contact local police.
- The Hague Convention applies only if the country the child was taken to is a member, and it does not apply if the child is still in Canada.
- To start a Hague application in Ontario, contact the Central Authority for the Province of Ontario at the Ministry of the Attorney General.
- A Hague return court does not decide decision-making responsibility or parenting time on a best-interests basis.