Legal remedies in a case of interprovincial child abduction

You have a range of legal options if your former spouse retains your child in another province or territory of Canada. The options differ depending on your specific situation, for example if:

• you have no legal document giving you custody of your child;
• you have an agreement giving you custody of your child that has been homologated;
• you were in a de facto relationship but have a court judgment concerning custody;
• you are still married, or are divorced, and have a court judgment concerning custody.
• Whatever your situation, you should consult a lawyer.

If the abduction occurs before you have obtained a judgment concerning custody or your agreement was not homologated, you must file an application for that purpose with the court. You can contact:

• the Superior Court of Québec:
  1. to obtain a court judgment or the homologation of your agreement;
  2. apply to the court having jurisdiction in the province or territory where your child is living to have it recognized and enforced.
• the court having jurisdiction in the province or territory where your child is living.

When the abduction occurs after a separation, you may have reached an agreement on custody with your former spouse before his or her departure. 

If your agreement was homologated by the Superior Court of Québec, you can apply to the court having jurisdiction in the province or territory where your child is living to have it recognized and enforced.

If you have a judgment concerning custody, you can apply to the court having jurisdiction in the province or territory where your child is living to have it recognized and enforced.

You can have the judgment on custody obtained for the purpose of your divorce enforced throughout Canada, by filing an application with the court having jurisdiction in the province or territory where your child is living.