Mother moving out of province with children without fathers consent

My question is about a mother removing her children from the province they have lived in since they were born. &nbsp;<br />The children's father lives in the province, and does not want his children to be moved to a different province. &nbsp;Over the weekend, their mother secretly bought plane tickets and flew to Alberta with them. <p>They have never been married, and a custody agreement was never made between the two. &nbsp;Their father was seeing his children regularly, but would sometimes be refused access by the mother. &nbsp;One child is 2 and the other is 6 and in school.&nbsp;<br />Is she allowed to just take them? Or is there some way to make her come back?&nbsp;</p>


Asked almost 3 years ago in Prince Edward Island
Categories: Family Law

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Harvey Brownstone

Answer by Harvey Brownstone

VerifiedOntario lawyer


This issue has been the subject of at least 500 questions over the past year.  Go through those questions and read my other responses for a more complete answer.  If you want the short version here it is:  read the landmark Supreme Court of Canada case of GORDON v. GOERTZ, then consult a family law lawyer with expertise in mobility cases.  The lawyer will review all of the circumstances (much, much more information than you have provided) and provide you with thorough, reliable legal advice and assistance applicable to your particular situation.

Posted almost 3 years ago

I am a presiding Ontario family court judge, author of Tug of War & host of Family Matters with Justice Harvey Brownstone.

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