Cont.........Peace
Bonds - Restraining Order - No contact Order
What should I do about custody of my
children?
After separation or
divorce, the parent who has "custody" is the parent who lives with the
children and provides daily care. (See our web site section on
Custody, Guardianship and Access for more
information.)
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If you or your
children are in immediate danger, call the police right away.
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If you feel you have
to leave the family home because you are afraid for your safety
or the safety of your children, take the children with you if you can and
immediately
apply for an interim custody order. You may also want to have the custody
order
restrict your spouse's access.
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If you can't take the
children with you, go back and get them as soon as you can, then apply to
the court for an interim custody order.
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If you are afraid to
go back to get the children, call the police and ask them to go with
you. Remember, however, that the police cannot force your spouse to give
you the
children, unless you have a court order giving you custody. You may need
to get an
interim custody order first, then ask the
police for their help.
Once you have an interim
custody order, it is against the law for your spouse to take your children
without your permission. If your spouse does take them, call the police and
show them your custody order. You should also contact a lawyer for advice.
You will need to follow
up your interim custody order by applying for a final custody order.
You can go to either the
Provincial Court or the Supreme Court for a custody order (interim or
final). We recommend you talk to a
lawyer to find out which court is most appropriate for you and for legal
advice on your situation - particularly if you want the custody order to
restrict your spouse's access.
A
Family Justice Counsellor can also provide you with information about
the courts, while a
Victim Services (Prince
George Victim Services call 250-562-2911 - in emergency call RCMPolice at
250-561-3300 - or call 911) worker can give you additional
information about protecting your safety and the safety of your children.
Please note:
If you had to leave your
children with your spouse, and you think they may be in danger, call the
24-hour Help Line for Children at 310-1234.
What
about access - should I let my children see my spouse?
"Access" refers to the
time the children spend with the parent who does not have custody. When a
child lives with one parent full-time, the other parent usually has access.
(See our web site section on
Custody, Guardianship and Access for more
information.)
If you fear for the
safety of your children, you should:
If the judge agrees that
the other parent may be a danger to your children, he or she may order what
is called "supervised access," where the children can spend time with the
parent who does not have custody only with another adult present.
I am afraid my former spouse will try to
abduct (kidnap) my children, and take them out of the province or maybe even
out of the country. What should I do?
If you fear that your
children's other parent may abduct your children, you should talk to a
lawyer right away about what to do to prevent that from happening. It is
easier to prevent an abduction than it is to get a child back after an
abduction has taken place.
If you don't have a
custody order, your lawyer may suggest that you get one that either:
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states the other
parent cannot take the children out of British Columbia, either to
another province or outside Canada, without your permission or a special
court order ,
or
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allows supervised
access only.
(If you have a custody
order already, you should talk to your lawyer about having one of these
provisions added.)
Once you have a custody
order, ask the Court Registry at the courthouse where the order was made for
certified copies . Hand these copies out to the principal at your children's
school and to any other adults in your children's life: teachers, child care
providers, coaches, car pool drivers, etc. Make sure they understand the
order and who, specifically, is allowed to pick up your children.
For more information
about how to prevent an abduction, read the federal government's publication
called International Child Abductions: A Manual for Parents . Although
primarily about international abductions, this manual also contains general
information about what you can do if you think your children may be
abducted, either within or outside Canada.
I think
my former spouse has abducted my children. What should I do?
Contact your local
police department immediately. (Under the Criminal Code of Canada,
the police may arrest a parent who abducts a child under age 14 and charge
that parent with child abduction.) You should also contact a
lawyer for legal advice.
Give the police a copy
of your custody order, if you have one, as well as photographs and
descriptions of your children and their other parent, and ask them to
contact the RCMP's
Missing Children's Registry.
International Child
Abduction
The
Hague Convention on the Civil Aspects of International
Child Abduction is aimed at ensuring abducted children are
returned home. It applies in Canada and in about 70 other countries.
If you know that your
children have already been taken to another country, and you know where your
children currently are, contact Hanna Bendtsen of the Legal Services Branch,
Ministry of Attorney General, at 250 356-6466.
Ms Bendtsen is
responsible for administering the Hague Convention in British Columbia. If
your children are under 16 years of age and have been taken from Canada to
another convention country, Ms Bendtsen can tell you how to apply to have
your children returned under the convention and can help arrange for you to
see your children in the other country. You must apply for your children's
return within one year of when the children were taken from Canada.
How
can I find out more about keeping my family safe?
For information about
what to do if you fear for your safety or the safety of your children:
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Call the police if you
are in immediate danger, or the Victim Information Line toll-free
at 1-800-563-0808 between 8:30 a.m. and 7:30 p.m., Monday to Friday.
Please note:
If you have a speech
or hearing impairment, you can contact the police or the Victim
Information Line by calling the 24-hour BC Tel Message Relay Centre at
711(TTY/VCO telephone) or 1-800-855-0511(regular telephone).
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Call a
Transition House or Women's Shelter in your community.
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Visit the
Victim Services web site.
For legal information
and advice:
In addition:
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