1-877-668-9386
Embaucher un avocat
DC Logo F-no-tagline
DC Logo F-no-tagline

Can I take my baby with me?

Anonymous Asked:

Hi,
I have decided to take a seperate path of living from my husband, however I have a 1 year old baby. I am recently living in Montreal. My question is if I decided to move from Montreal to another city inside the Canada can I easily take my baby with me? Or what are the conditions?
Thank you

Expert Comment:

Subscribe
Notify of
1 Comment
Oldest
Newest Most Voted
Inline Feedbacks
View all comments
Andrew Heft
10 years ago

In your situation I would highly recommend obtaining a Court ordered permission or written consent from the father to your relocation. Leaving the province without such could be interpreted as kidnapping and have serious consequences for yourself as well as custody of your child.

We would also recommend such action even if you plan on relocating within Québec. Essentially, the father is in his right to know where the child is living and in his right to exercise access to the child. If your relocation hinders any one of these rights you must obtain the father's or the Court's permission.

As for conditions, these issues are decided by the Courts on a case by case basis, there are no absolute conditions or requirements that could guarantee relocation. The only absolute is that the outcome must take into consideration the best interest of the child. For more information I would suggest you consult the section on custody and access, which es criteria would guide the Court in it's evaluation.

Latest Questions Asked:

DC Icon

Separation Agreement in Place but Ex Won't Withdraw Answer: Can Divorce Be Granted?

Hi, I had filed for a divorce in court as my spouse and I were unable to reach an agreement and he was being non-cooperative in terms of trying mediation. He filed an answer to my divorce application. In the last few months, we have been able to reach ...

DC Icon

What Happens if My Spouse is Hiding Assets During the Divorce?

Divorce is a challenging process, and it becomes even more complicated when there are suspicions of hidden assets. In Ontario, as in many jurisdictions, spouses are required to fully disclose their financial situation to ensure a fair division of prope ...

DC Icon

Understanding the Legal Process of One-Sided Divorce in Canada

What Is One-Sided Divorce? One-sided divorce is possible in Canada without the other spouse's consent. This type of divorce can proceed even if the other spouse does not respond or agree to the divorce terms, making it a significant aspect of Canadian ...

DC Icon

What can you buy while you filling for a divorce

What can you invest on or buy while you are going through divorce

DC Icon

Preparing for Court: What to Expect in a Contested Divorce Trial in Ontario

Divorce is a life-altering event that can be emotionally draining and legally complex. When a divorce becomes contested, both spouses cannot agree on some or all of the key issues. This can lead to more significant challenges, as the court has to step ...

DC Icon

Do Divorce Lawyers Work on Weekends? Get Expert Advice When You Need It

If you've been wondering, "Do divorce lawyers work on weekends?" you most likely are experiencing the common truth that navigating the complexities of divorce can be challenging, and finding the right time to discuss your concerns with a divorce lawyer ...

See All Questions
magnifiercrosschevron-down
1
0
Would love your thoughts, please comment.x
()
x