Legal Question in Family Law in Canada

what the children want

We have 2 children, 11 and 15, both living with me, the mother. Their dad and I were never married. He lives 1 mile from us and makes no effort to call or see the kids. He has never paid support in the 5 years we have been apart. the youngest does not want him in her life at all anymore. the oldest couldn't care less he says. when they have seen him, he bad mouths me, something I have always made a point of not doing, and can prove that fact. he has seen the kids 2 times in the past year. there are no custody papers or anything like that. my daughter is afraid if I go for custody she will be told he 'has' to spend time with her dad so she has asked me not to go for custody. he hasn't offered emotional, physical or monetary support to either of his kids. My dilemma, I want to move out of BC, but have been told I could be charged with kidnapping with no custody agreement. What are my kids' and my rights ?


Asked on 4/15/07, 2:22 am

1 Answer from Attorneys
Donald McLeod Donald R. McLeod Law Corp.

Re: what the children want

It is very unlikely yo could be charged with kidnapping; the law in B.C. is that if there is no Order of a Court dealing with custody and no agreement, then the parent with whom the children usually reside has custody. In your case provided there is no Order prohibiting you from moving, you are likely free to move, but it would be unwise to try and obtain the father's permission before moving - as custodial parent in a situation such as you discribe most lawyers wold tell you to simply move and advise the father after the fact. You should see a lawyer; most lawyers in B.C. offer a half-hour or so of advice at no charge.

Your rights are as above; your childrens' rights are to enjoy a relationship with both parents, but it does not sound like the father is doing much to help ghis children achieve their rights of having 2 parents in their lives.

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Answered on 4/15/07, 8:27 pm


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