Legal Question in Family Law in Canada

With or without fathers/court consent

My daughter has lived in BC with her father for the last 5 years. There were a lot of problems(physically & emotionally abusive) so she moved out 8 months ago and was living with a family member. Her father made life difficult there and she has recently been asked to leave. She is now at a friends home for the last week, but has said she wants to live with me in the US. Being that she is 16,do I have to apply for a change in the order or can she make the choice for herself. I don't want to get caught up with dealing with the RCMP and an international child abduction. I will be in BC in about 3 weeks and am wanting to bring her back with me. Immigrating to the US has been taken care of.


Asked on 1/18/07, 9:55 pm

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

Re: With or without fathers/court consent

She does not have the right to make the choice for herself, and you should make an application to the Court for custody, or a variation in custody if there is an Order allowing the father custody. However, assuming she is mature enough to make decisions independently and free of pressure from others, such as her father or you, the Court usually gives a great deal of weight to the wishes of a child of 16. You should see a lawyer as soon as possible - you may & should hire one now, before you come to B.C. It may be advisable for her to see a Clinical Counsellor or Psychologist so that a "views of the child" report can be prepared for the Court.

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Answered on 1/18/07, 10:01 pm


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