- 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
- The child must be under 16.
- Both countries involved must be parties to the Convention.
- You must have had and exercised 'rights of custody' before the removal or retention.
- You do not need a court order to show those rights.
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.
- Your child's birth certificate
- Any court orders or agreements about parenting, if you have them
- Details of when and how the child left or was kept
- Recent photos and information about where the child may be
- Travel and passport details
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:
| Defence | What it means |
|---|---|
| Consent or acquiescence | You agreed to, or accepted, the move |
| Grave risk or intolerable situation | Return would expose the child to serious harm |
| Child's objection | The child objects and is old and mature enough for their views to count |
| Settled child | You 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.
- Contact the BC central authority as soon as you can, at BCCentralAuthority@gov.bc.ca
- Gather your documents, including the birth certificate
- Keep copies of any orders or agreements
- Speak with a family lawyer about your options in BC and abroad
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
- Family Law Act, s. 64(1) — bclaws.gov.bc.ca
- BC Government, International child abduction FAQ (updated Aug 19, 2025) — www2.gov.bc.ca
- Canadian Passport Order, s. 7 — Justice Laws (federal)
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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