What happens if my ex-partner moves to Ontario with my child without my consent?

If your ex-partner relocates to Ontario with your child without consent or a court order, Québec courts can treat it as a wrongful removal. Under C.c.Q. art. 33, Divorce Act ss. 16.8–16.9, and the Civil Aspects of Child Abduction Act, a judge may order the child’s return to Québec if the move was not authorized and is contrary to the child’s best interests. You can apply urgently to the Superior Court for the child’s return and to modify custody or parental time arrangements.

C.c.Q. art. 33, 604; Divorce Act, ss. 16.8–16.9; Act respecting the civil aspects of international and interprovincial child abduction, s. 2

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