Legal Question in Family Law in Canada
Passport office ask to provide custody court paper for my 13 years old. But the father is not in the picture....no where to be found for the past 8 years. How can I get a court order for the full custody without the father?
1 Answer from Attorneys
You can obtain a custody order, and an order that you do not need the father's consent to travel with the child. We prefer to obtain these in the Supreme Court of British Columbia, but some prefer to ask the Provincial Court for such orders. We beleive that the Supreme Court is a faster route to follow. You have to initiate custody proceedings and ask the court for permission to serve the father substitutionally if you do not know his whereabouts. You then have to proceed witht he custody application after substitutional service. This is not hard for a lawyer used to dealing with these situations, but can often be too complex for a non-lawyer. In a perfect world it takes between 2 and 3 months. Pleae seek legal advice.