Legal Question in Family Law in Canada
custody
My husband and I have been separated for 2 years. My daughter lives with me. My parents are taking her on a trip to FLorida for spring break and require certain documents to travel across the border on a plane with her. One of them is a consent letter signed i nfront of a lawyer. Does her father have to sign this letter? We have no legal separation or custody papers. He lives out of town and it is hard for him to get to the lawyers office during office hours. I could get a letter from him but it wouldn't be signed in front of the lawyer. Do I need his signature? Do I have custody even though it is not legally done?
1 Answer from Attorneys
Re: custody
In British Columbia, without a formal custody agreement or Order of a Court, you can make most custody decisions and can exercise custody because of a particular provision in the B.C. Family Relations Act. You should however begin proceedings in the Provincial Court of B.C. or in the Supreme Court of B.C. to obtain a Court Order. Entry into a foreign country (the U.S.) is a discretionary matter with the authorities of the country to which entry is sought. Because you do not have a formal custody Order and do not have a custody agreement, it is very likely that the American border authorities will require consent forms from both you and your husband before they will allow your daughter to cross the international border. This issue is one of American law, and not Canadian law as it is the U.S. that your daughter is travelling to.
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