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HELP! My spouse took my kids out of the country without my permission!

The Government of Canada defines an international child abduction as occurring “when a parent, guardian or other person with lawful care of charge of a child removes that child from Canada, or retains that child outside Canada, without either the legal authority or permission of a parent who has full or joint custody rights.”

Picture the following scenario:

Your spouse is now living in another country and your children go to visit with your permission, however, when the time for the visit is over your spouse decides not to return them.

Here’s another scenario:

Your spouse takes your children to visit their family in another country with your permission, however, does not return at the agreed upon day and states they are extending their visit, without your permission.

And the more obvious scenario:

Your spouse takes your children to another country without your permission.

All of these scenarios are very stressful and can feel very hopeless when your child(ren) are far away in an entirely different country.  But there are actions you can take and the legal system is there to help you.

What is the Hague Convention?

So, when a parent removes their child from the country of residence without permission or refuses to return them then the Hague Convention on the Civil Aspects of International Child Abduction provides a remedy that can respond to the situation and bring about the child’s prompt return.

Contact us anytime at SMP Law to help SiMPlify your legal matter at 905-270-0073 or email info@smplaw.ca if you have any questions or would like to book an appointment to meet and discuss your situation and how we can help.

 

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