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№ 77 Family Law

What Can a BC Parent Do if Their Child Is Taken to Another Country?

Learn how the Hague Convention works in British Columbia if your child was taken or kept abroad: who qualifies, how to apply, defences and prevention steps.

Family Law4 min readTSLBy the Treadstone Law Team · British ColumbiaUpdated November 13, 2026
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Key takeaways
  • British Columbia's Attorney General is the Central Authority for the 1980 Hague Convention, and the Convention has the force of law in BC.
  • The Convention applies only to children under 16 and only between countries that are both parties, and it decides where custody is heard, not who gets custody.
  • Acting within one year makes an application more likely to succeed, though returns are sometimes ordered later.

Finding out that your child has been taken out of Canada, or kept abroad after a visit, without your agreement is frightening. The process that follows is legal and procedural, and knowing the basic steps early can help you act quickly.

This article explains how the 1980 Hague Convention on the Civil Aspects of International Child Abduction works in British Columbia, what defences the other parent may raise, and what protective steps exist before a child leaves. It is general information, and a lawyer can tell you how it applies to your situation.

This article covers the law of British Columbia.

How the Hague Convention works in BC

BC's Attorney General is the Central Authority under the 1980 Hague Convention, and the Convention has the force of law in BC. It came into force in Canada on December 1, 1983.

The Convention does not decide who should have custody. It decides where the child's custody case is heard. In practice, it aims to have the child returned so the courts of the child's usual home can decide.

Who qualifies

Whether your situation counts as 'rights of custody' can depend on the facts and on the law of the country involved, so it is worth getting legal advice early.

How to apply for your child's return

You contact the BC central authority, which supplies the application form. It sends the form, with supporting documents such as a birth certificate, to the central authority in the other country.

Counsel in the other country then starts the court case there, and evidence is usually given by sworn affidavit.

Timing and the defences you may face

Applications are more likely to succeed if filed within one year of the removal or retention, though returns are sometimes ordered later. One year is not an absolute cut-off.

A court need not order the child's return in certain situations:

DefenceWhat it means
Consent or acquiescenceYou agreed to, or accepted, the move
Grave risk or intolerable situationReturn would expose the child to serious harm
Child's objectionThe child objects and is old and mature enough for their views to count
Settled childYou waited over one year and the child has settled in the new environment

Prevention and what to do next

If you are worried a child may be taken away, a BC court may order, on application, that a person not remove the child from a specified geographical area. If the court is satisfied a person plans to remove the child from BC and is unlikely to return the child, it may order that person to give security or surrender passports and travel records. These orders do not apply to a relocation within the meaning of the relocation rules, which are dealt with separately.

Passports also have limits. A child's passport shall not be issued where a court order or separation agreement gives the non-custodial parent access rights, unless the application includes evidence that issuing it is not contrary to those terms. The Minister may also refuse a passport for a child under 16 if there are reasonable grounds to believe that refusal is in the child's best interest.

Frequently asked questions

Do I need a court order to use the Hague Convention?

No. You need to show you had and exercised rights of custody before the removal or retention, and a court order is not required to show this. A lawyer can help you document it.

Does the Hague Convention decide who gets custody?

No. It decides where the child's custody case is heard, not custody itself.

What if more than a year has passed?

Applications are more likely to succeed within one year, but returns are sometimes ordered later. After more than a year, the other parent may argue the child has settled in the new environment.

Can I stop a child leaving BC before it happens?

A court may, on application, order that a person not remove a child from a specified area. It may also order the surrender of passports or the giving of security if satisfied a person plans to remove the child from BC and is unlikely to return the child.

Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

This article is general information, not legal advice. Reading it does not create a lawyer-client relationship. British Columbia laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a lawyer who practises in British Columbia. Reach us at 1-844-900-1070 or send our Team a message.

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