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  • No Response to Pleas

    If a mother removes herself and children from the family home and leaves no contact details, and refuses to respond to text/email requests by the father to see the children, how long can she legally keep the children hidden? Is there a point where it becomes a possible legal offense?

  • #2
    I don't believe there's a specific time, parental abduction is defined as follows:

    “... wilful taking of a child with the intent of depriving the other parent, guardian or any other person having lawful care and charge of that child of the possession of that child” (Dalley, 2007).

    Victims of Violence - Parental Child Abductions

    Abduction Laws
    In the Criminal Code of Canada, there are a number of laws that concern parental child abduction. Under section 283.(1), entitled 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 of guardian, or any other person who has the lawful care or charge 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.
    It is important to note however that no proceedings are able to commence without the consent of the Attorney General or counsel instructed by him for that purpose. Also, there are a number defences associated with abduction that must also be noted:
    • No one can be found guilty of the abduction offence (under sections 281 to 283) if they are able to establish that there was consent by the parent, guardian or other person having lawful possession, care or charge of that young person.
    • No one can be found guilty of an offence under sections 280 to 283 if the court is satisfied that the abduction of the young person was “... necessary to protect the young person from danger of imminent harm or if the person charged with the offence was escaping from danger of imminent harm.”
    • Lastly, and most importantly, the parent who abducted the young person cannot make a defence by claiming that the child consented to or suggested the abduction.
    There is also another law that is concerned with parental abduction, particularly in the case of an abduction in contravention of a custody order, under section 282.(1) of the Criminal Code. In this section, it states basically the same as a regular abduction case, except that the abduction is in contravention of the custody provisions of a custody order in relation to that person made by any court in Canada, is guilty of an indictable offence and is liable to a prison term that does not exceed ten years, or an offence punishable on summary conviction. A special note to be made in this section is that,
    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.
    Essentially, this section states that if the accused cannot be proven guilty of an offence under the abduction in contravention of a custody order but can be proven guilty of a regular abduction case, that the accused can be charged under this section instead.

    Comment


    • #3
      Thank you for the quick response.

      The mother in question is not me, but the wife of an old family friend: she left the family house with 3 young children and the fathers subsequent text/email requests to see his children are being ignored. He does not know where she has gone. He was the stay-at-home parent. She is American and would appear to have the childrens birth certificates with her, as they can not be located in the family home by the father. He is worried that she is a flight risk. Can she obtain canadian passports if the father does not sign the applications?

      She has a history of shouting, swearing, calling them liars and telling the children that what they say is "Baloney", slapping the children in the face and using scare tactics such as telling her children to stay out of the basement because the spiders will get them if they go down there ( I've personally heard her say that to them) and the father is worried about the children.

      Does anyome have any advice on what he can do? If he finds out where she is staying, can he remove the children and take them home?

      Comment


      • #4
        I have no idea about the passport thing but he should file a report with the police ASAP. How long has she been gone with them - not long I hope??

        Comment


        • #5
          He is their parent, and unless/until a court order gives one parent sole custody, they are both the children's guardians. He has full legal rights here to have access and know their whereabouts.

          They have been abducted, this is more than cause to call the police. I would say though, that depending on the jurisdiction, some police are more responsive than others. He would do well to find an experienced divorce lawyer and have the lawyer accompany him to the police station. I do think he should do this by tomorrow am.

          The issue with possible abuse or her being a bad mother or whatever, this is something that can be argued later, keep focused on a simple message, the children have been abducted and she is a flight risk to the US.

          They don't need passports to cross the boarder, although they can be challenged at random. You need to get their pictures and descriptions out on the wires asap.

          Comment


          • #6
            She has been gone for 5 days now. He contacted the police the night she disappeared and was told it was a civil matter and that the wife and children were safe. She had apparently called the police first to say she was leaving. She alleges abuse, although he had recently called the police because she was threatening to kick him out of the family home.

            She has left the father with no access to funds, as at some point prior to leaving she opened a new bank account. The family paycheck was due to be deposited into the joint bank account on Thursday, but when the father went to pay for the family groceries late that afternoon, the debit card was rejected. He had to pay for the groceries with a credit card. He asked her about this when he returned to the family home. She claimed her employer had asked her to fill out a new deposit form at work and that she must have filled it out wrong. She also told him that if he went away for the weekend to pursue a job opportunity that they ( ie: her & the children) would not be there when he returned. He came back the same night to find the house empty and the 2 family cats left without food or water. He contacted the house rental company today to ask if the house rent for May has been paid, to be told his wife had emailed them to say the rent will be late this month. He is not eligible for emergency assistance funds until it can be proved she no longer lives there.

            I have seen him reduced to tears by her angry outbursts. He is feeling pretty lost at the moment.

            Comment


            • #7
              He needs to get a lawyer ASAP and file a report with the police that he believes she may take the children out of the country if she hasn't already. If she's made any threats at all - even vague ones - about taking them out of the country or never seeing the kids again make sure he reports that as well.

              The sooner the better.

              Comment


              • #8
                After filing a report with the police he needs to file an emergency motion with family court. He has a legal right to know where his kids are and legal right to access. Hopefully he has already done this.

                Comment


                • #9
                  Just spoke with him via phone - still no contact from his wife regarding when he can see his kids. He spoke with a border crossing guard this morning and was told that all she needs to cross the border is her own passprt and the birth certificates of the kids. She has family and a prospective job offer in the Southern States.

                  He now has a lawyer and I have told him to try and get an emergency order from the family courts ASAP. Currently he is in the process of calling Child Protective Services again to see if they have investigated the case or can help him in any way.

                  He is understandably panicked, as this is, by far, the longest period of time the children have ever been out of his care.

                  Thank you for all the responses so far - does anyone know what he can do if she does cross the border?

                  Comment


                  • #10
                    do the kids already have passports? There is a number you can call to have your child's name flagged so that a passport will not be issued to one parent. I'll try to get the number when I get home.

                    Comment

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