Legal Question in Family Law in Canada

Re: taking a child to the united states

As noted on the LawGuru website, this question will be answered specifically according to the law in British Colubmia. Unless a Court has specifically said the father has no legal rights, he has them. It is not material that his name is not on the birth certificate; what is material is that he is in fact the father. Frequently a father's name is ot entered on the birth record, and the reason is most often because the mother, who fills out the registration of birth, is dishonest and puts down that she does not know who the father is. This can be an offence - it is making a statement the mother knows to be false.

In most cases the Canada Border Services Agency and/or the United States Immigration department will require proof that the father has consented to the child leaving Canada; this usually takes the form of a notarized letter. However, the child likely requires a passport, and that requires the consent of both parents or an Order of the Supreme Court of British Columbia dispensing with the requirement for the father to sign the passport application.