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  Ottawa Divorce .com Forums > Main Category > Parenting Issues

Parenting Issues This forum is for discussing any of the parenting issues involved in your divorce, including parenting of step-children.

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  #11  
Old 03-22-2007, 10:11 AM
Grace Grace is offline
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WHAT TO DO IF AN ABDUCTION HAS TAKEN PLACE

Immediately report your child missing to your local law enforcement agency.
Ask for the name and phone number of the officer assigned to your case, and keep this information in a safe and convenient place.
Give the officer all the facts and circumstances related to the disappearance of your child, including what efforts were already made to search for your child.
Contact Child Find’s 24hr national hotline at 1-800-387-7962.
Call the Birth Certificate Office at 1-800-461-2156 to block any application for a birth certificate by the abducting parent. The Birth Certificate Office will ask for a letter stating that the child has been abducted and may have been taken out of the country. They may need to see a court order before they place an alert in the computer file.
Limit access to your home until law enforcement arrives and has collected all possible evidence. Don’t touch or remove anything from your child’s room or from your home. Clothing, sheets, personal items, computers, and even trash may hold clues to the whereabouts of your child.
Write a detailed description of the clothing worn by your child and the personal items he or she had at the time of the disappearance. Include any personal identification marks, such as birthmarks, scars, tattoos, mannerisms that may help in finding your child. If possible, find a picture of your child that shows those identification marks and give it to the officer.
Make a list of friends, acquaintances, and relatives who might have information or clues about your child’s whereabouts. Include telephone number and addresses if possible.
Designate one person to answer your telephone. Keep a notebook by the telephone so this person can jot down names, telephone numbers, dates and times of calls, and other information relating to each call.
Keep a notebook or pad of paper with you at all times to write down thoughts or questions and record important information, such as names, dates, or telephone numbers.
Ask your officer for help in contacting the media, if appropriate.
Take good care of yourself and your family, because your child needs you to be strong.

EVERY 9 MINUTES A CHILD IS REPORTED MISSING IN CANADA
  #12  
Old 03-24-2007, 09:32 AM
logicalvelocity logicalvelocity is offline
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Even a court order will not prevent abduction of a child. For instance, see this recent article dated March 21, 2007 in the Ottawa Sun.

http://www.ottawasun.com/News/Ottawa...f-3796722.html

lv
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  #13  
Old 03-24-2007, 09:46 AM
logicalvelocity logicalvelocity is offline
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On that note:

Even a custodial parent could Invoke Section 282 of the criminal code.

http://www.ottawadivorce.com/forum/s...ead.php?t=2323

Quote:
Invoking S. 282 of the Criminal Code

--------------------------------------------------------------------------------

I came across a interesting case

R. v. Petropoulous, (1990), 29 R.F.L. (3d) 289,(B.C.C.A) The court held that a mother with specified access rights could invoke s.282 of the Criminal Code to prevent the father, who had sole custody, from removing the children from the province as this would deprive her of lawful care or charge of the child. From the Judgment:
...It seems to me that, while obviously not a right to custody, the right to have what is described as "access" in circumstances such as these, where it is clear that the child will be living, albeit temporarily, in the company of one parent to the exclusion of the other, involves a transfer of "lawful care of charge" to the non-custodial parent for the duration of access period described. While the word "access" is used, indicating that the order does not contemplate joint, or alternating, custody, what is granted by such an order as this is more than merely a right to visit while the child is in the possession, care or charge of the other parent. It involves transfer of the child from the possession, care or charge of the "custodial parent" to that of the non-custodial parent....
Abduction in contravention of custody order

http://laws.justice.gc.ca/en/ShowTdm/cs/C-46


Section 282(1) of the Criminal Code ( R.S., 1985, c. C-46 )

282. (1) 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.

lv
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