What if there is no court order yet — can my ex just move away with our child?

If there is no existing parenting order or separation agreement and a parent moves away with a child, the other parent can apply urgently to the Ontario Superior Court of Justice (Family Court) to have the child returned and to obtain an interim parenting order. Courts take child relocation without consent seriously even in the absence of an existing order.

The absence of a court order does not give either parent the unilateral right to relocate the child. Both parents are legal guardians from the moment the child is born (assuming they are recognized in law as parents), and neither can make a unilateral decision of this magnitude without the other's agreement.

Acting quickly matters. If a parent has already left, a court can make an order for the child's return. If the other parent is threatening to leave, you can seek an urgent interim order before the move happens. Ontario courts have jurisdiction to make parenting orders and can direct police enforcement in serious cases.

If you believe a co-parent is about to take your child out of the province or country, contact a lawyer immediately — international child abduction has its own legal framework under the Hague Convention.