This blog is in continuation of the previous blog (Part – 1) on the same subject.
HOW TO SEEK THE RETURN OF A CHILD TO CANADA
If a parent knows where the other parent took the child, that parent may use the following ways to seek a return for their child:
Negotiating a voluntary return of the child: The first way that you may try to seek the return of your child is to negotiate with the abducting parent, either directly or involving friends and family, to return the child. The abducting parent may sometimes change their mind and voluntarily return the child. You may also talk to the police who may negotiate with the other parent to find a solution. You should also contact a Consular Case Management Officer (CMO) at Global Affairs Canada as soon as you decide to try negotiating a voluntary return and keep in touch with them throughout the process. Your CMO and consular officers in the other country can help you contact the abducting parent. If the other parent refuses to talk directly with you, consular officers can try to make contact.
Applying for the return of the child under the Hague Convention: The 1980 Hague Convention on the Civil Aspects of International Child Abduction is the main international treaty that helps parents of children abducted to certain countries get their children returned. The Hague Convention sets out a procedure by which left-behind parents can ask the courts of the country where their child was taken or is being kept for the return of their child to the country where the child habitually resides. It also creates a system of cooperation between the different countries through designated central authorities. If the Hague Convention applies, you should contact the Central Authority in your province or territory to help you secure the voluntary return of the child.
If your child is in a country with which Canada applies the Hague Convention, you can apply to have your child returned to Canada under the convention if:
- your child is less than 16 years old
- your child was habitually resident in Canada before being wrongfully taken to or retained in another country
- your child was taken to or is being retained in, that country in violation of your rights of custody or of a court order
If you meet the conditions to apply, the Central Authority will give you information on the application process, the steps you will have to take, including before the court in the country where your child has been abducted, and the documents you will need. If you choose to work with your Central Authority, it will send your application to the Central Authority in the country to which your child has been abducted. The two central authorities work together and with other authorities in their countries to facilitate the return of your child or, in some cases, give you access to your child.
You may choose to apply directly to the court in the country of abduction for the return of your child, without going through the Central Authority. The court will determine whether the conditions for the return of your child under the Hague Convention are met. At this point, you may need to hire a lawyer to represent you in court, if you have not already done so.
What to do if the Hague Convention does not apply: It will be quite challenging if the child is abducted to the countries with which Canada does not apply the Hague Convention. These countries may have different laws, cultures, and religions which may make the return of the child to Canada difficult or sometimes impossible. However, there may be other ways you can explore to seek the return of the child, e.g.:
- Get a Canadian parenting order recognized by a court of the other country.
- Seek a new parenting order under the local laws of that country.
A lawyer from the country, with which Canada does not apply the Hague Convention, may help you under the local laws.
Disclaimer: This blog is for general information purposes only. It is not intended to provide legal advice or opinions of any kind and may not be used for professional or commercial purposes. No one should act, or refrain from acting, based solely upon the materials in this blog, or any general information without first seeking appropriate legal or other professional advice.