Non-legal custody agreement

Posted in Barrie, Children, Location, Ontario by Questions on November 9, 2015

My husband and I are separating and it isn’t a nice situation. He is refusing to mediate… we have no formal, legal binding custody agreement, just an email from each other saying this is the dates that we agree to watch the kids. We still live in the same residence but since I asked for a separation we are legally separated.
I want to take my kids away for a week to visit family. Still in ontario, but according to our informal agreement he has the kids on a few of the days I want to take them.
Can I still take them without worrying about being arrested for kidnapping? I will be bringing them back as my job and house are still there. I am not crossing any borders.
Any advice would be helpful

1 Expert Comment

  1. On November 10, 2015 at 2:55 pm
    Jennifer M. Long, B.A. J.D. said:

    Although there is no formal agreement or court order, you and your husband have agreed on access dates. I would suggest that you send your husband an email asking for his consent to your travelling with the children on your planned dates, and offering make-up dates for him when you return. By communicating by email, you can limit your personal interaction as well as document the conversation. I also recommend that you consult with a lawyer about your situation in greater detail. If your husband refuses to cooperate with your request, a lawyer can help you assess your options.

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