Hello,
I have a temporary order stating joint custody and shared access (alternating weeks).
My ex is withholding our son (7) without my consent, and refuses to return him when requested. We are going to court tomorrow, hopefully to resolve this.
Doing some research, I found the definition of Abduction in the Criminal Code. I had always believed abduction was more along the lines of kidnapping, but I read this as very applicable to my situation.
Does anyone have experience as to how a judge interprets this? Am I completely misunderstanding? If it matters, I am in Ontario.
Sections 282 and 283 of the Criminal Code of Canada
Sections 282 and 283 of the Criminal Code of Canada
Section 282
(1) [ Abduction in contravention of custody order ]
Every one who, being the parent, guardian or person having the lawful care or charge of a person under the age of fourteen years, takes, entices away, conceals, detains, receives or harbours that person, in contravention of the custody provisions of a custody order in relation to that person made by a court anywhere in Canada, with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of that person, of the possession of that person is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding ten years, or
(b) an offence punishable on summary conviction.
(2) [ Where no belief in validity of custody order ]
Where a count charges an offence under subsection (1) and the offence is not proven only because the accused did not believe that there was a valid custody order but the evidence does prove an offence under section 283, the accused may be convicted of an offence under section 283.
Section 283
(1) [ Abduction ]
Every one who, being the parent, guardian or person having the lawful care or charge of a person under the age of fourteen years, takes, entices away, conceals, detains, receives or harbours that person, whether or not there is a custody order in relation to that person made by a court anywhere in Canada, with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of that person, of the possession of that
person, is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding ten years, or
(b) an offence punishable on summary conviction.
(2) [ Consent required ]
No proceedings may be commenced under subsection (1) without the consent of the Attorney General or counsel instructed by him for that purpose.
I have a temporary order stating joint custody and shared access (alternating weeks).
My ex is withholding our son (7) without my consent, and refuses to return him when requested. We are going to court tomorrow, hopefully to resolve this.
Doing some research, I found the definition of Abduction in the Criminal Code. I had always believed abduction was more along the lines of kidnapping, but I read this as very applicable to my situation.
Does anyone have experience as to how a judge interprets this? Am I completely misunderstanding? If it matters, I am in Ontario.
Sections 282 and 283 of the Criminal Code of Canada
Sections 282 and 283 of the Criminal Code of Canada
Section 282
(1) [ Abduction in contravention of custody order ]
Every one who, being the parent, guardian or person having the lawful care or charge of a person under the age of fourteen years, takes, entices away, conceals, detains, receives or harbours that person, in contravention of the custody provisions of a custody order in relation to that person made by a court anywhere in Canada, with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of that person, of the possession of that person is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding ten years, or
(b) an offence punishable on summary conviction.
(2) [ Where no belief in validity of custody order ]
Where a count charges an offence under subsection (1) and the offence is not proven only because the accused did not believe that there was a valid custody order but the evidence does prove an offence under section 283, the accused may be convicted of an offence under section 283.
Section 283
(1) [ Abduction ]
Every one who, being the parent, guardian or person having the lawful care or charge of a person under the age of fourteen years, takes, entices away, conceals, detains, receives or harbours that person, whether or not there is a custody order in relation to that person made by a court anywhere in Canada, with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of that person, of the possession of that
person, is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding ten years, or
(b) an offence punishable on summary conviction.
(2) [ Consent required ]
No proceedings may be commenced under subsection (1) without the consent of the Attorney General or counsel instructed by him for that purpose.
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