Can I Get Parenting Time in Windsor if the Other Parent Lives in Michigan in Ontario?
A family case about parenting time or decision-making responsibility should usually be started where the children live. Parenting cases can be heard in the Ontario Court of Justice or the Superior Court of Justice, or in the Family Court Branch of the Superior Court of Justice where one exists, while divorce is heard only in the Superior Court of Justice.
The Hague Convention applies only if the country the child was taken to is a member, and Ontario says Canada is one of 101 member countries. It protects children under 16 from wrongful removal or retention and aims for their prompt return to the state of their habitual residence. A Hague return order is not a custody determination, so the return court does not decide decision-making responsibility or parenting time on a best-interests basis.
When parents share custody and the other parent is not travelling with the child, the CBSA says the travelling parent should carry a notarized consent letter listing each custodial parent's name, address and phone number, plus copies of any legal custody documents. Which courthouse you use and how an order is treated across the border are worth confirming with a lawyer.
Key takeaways
- A family case about parenting time or decision-making responsibility should usually be started where the children live.
- The Hague Convention applies only if the country the child was taken to is a member.
- If a child has been taken to another province or territory, the Hague Convention does not apply, and police may be able to enforce a Divorce Act order there.
- Where parents share custody and the other parent is not travelling, the CBSA says the travelling parent should carry a notarized consent letter and copies of any legal custody documents.