Legal Question in Family Law in Canada

Re: Travelling with child

The questioner did not specify which Province she resides in; as the law varies from Province to Province and as the LawGuru website specifies that questions directed to this law firm must have a British Columbia connection, we will answer assuming the questioner lives in B.C.

In British Columbia, the normal procedure when one parent refuses to allow a child to go to another country for a holiday or special occasion is to make application the Supreme Court of British Columbia to obtain a passport without the ocnsent of the non-consenting parent.

We assume that your husband does not have custody under a Court Order; if he does not then this advice may be incorrect.

It would be very unusual for the Court to require security of a house in this situation; indeed as the custodial parent it is likely all the ex-wife has to do is promise the Court that she will bring the child back, unless you have some solid evidence of her intention not to do so.

You can oppose her in court but it must be on good evidence that you fear she will not return the boy; vague threats or suspicions or angry words uttered in the past are not such evidence.

As to moving to the United States, we can only say that there is nowhere near enough information on which to base an opinion.

You must contact a lawyer ass soon as possible; if you do not know of one, you can obtain a referral from the British Columbia Branch of the Canadian Bar Association, whose number is in the phone book under "lawyers" (the lawGuru website does not permit us to post the actual number). If you are in Victoria, you can call us for a no-fee consultation at Donald R. McLeod law Corp. (the number is in the phone book).