Legal Question in Family Law in Canada

As noted on the LawGuru website, all qnswers will be given assuming that British Columbia is the Province where the matter is situated; the law varies from Province to Province.

This lawfirm does not answer with reference to Criminal law but only with respect to civil law. In BC there is no such thin as kidnapping known to the civil law; this is a concept known to the Criminal law and we express no opinion abut possible criminal consequences.

In BC if you leave the Province without notice you may be forced t return asnd it is likely that the State you go to would refuse to give you an Order for custody because under the Hague Convention, the proper forum for determining custody and access would be BC. Having said that, it may well be that a BC court would give you custody but unless your husband can obtain a waiver from the Department of Homeland Security allowing him to travel to the US, it is quite likely you would be required to transprot the child to BC for access and this might be several times a year; it would not matter if your child does not wish to do so, as you would be responsible for ensuring that he does come, and it may be assumed that any reluctance on the child's part has been implanted in the child by you. It is possible that your actions in leaving BC without permission of a Court and/or without having the matter aired in Court could result in the child being returned to BC and your husband being given custody.

Regardless of the difficulties between you and your husband, you have a duty to sedulously foster a relationship between the child and his father, and if you do not do so or if you turn the child against his father, then it is possible the father would be granted custody.

You must see a BC lawyer as soon as possible before you make a mistake that could result in you losing custody.