Removal or retention of a child outside the Convention

Non-designated State

A parent whose abducted child is located in a non-designated State must contact the Vulnerable Children's Consular Unit at Global Affairs Canada:

Global Affairs Canada
Lester B. Pearson Building
125 Sussex Drive
Ottawa, Ontario K1A 0G2

Phone: 1 800 387-3124
Fax: 613 996-1267
Web Site: Global Affairs Canada

The Consular Affairs Bureau can give the parent information on the actions that must or could be taken to obtain the return of the child or the protection of rights of access.

Interprovincial removal or retention

Since the other Canadian provinces and territories have not been designated under section 41 of the Act respecting the civil aspects of international and interprovincial child abduction, it does not apply to cases of interprovincial child abduction.

The recourses available when a child has been wrongfully removed to or retained in another Canadian province or territory are those provided for in the Divorce Act where the latter applies. Since a custody order made pursuant to that Act is in force throughout Canada, the parent may apply to the courts of the province or territory where the abducting parent is living to obtain its forcible execution against the abducting parent and thus have the child returned.

However, in the absence of a custody order or when the custody order was not made under the Divorce Act, the parent may try to obtain a custody order, or to have an existing custody order recognized and enforced, by applying to the competent court in the province or territory concerned.

Some provinces or territories have passed special legislation that makes it possible for a child who has been wrongfully removed to or retained in those provinces to be returned. A parent facing such a situation should consult a legal adviser in the province or territory concerned.

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