Call us at (416) 649-4660

Can my ex take my child?

Solved409 viewsCustody and Access
1

Can my ex take my child?

Question is closed for new answers.
Selected answer as best
1

In Ontario, both parents have an equal right to custody – unless there is a court order or negotiated agreement between you and the other parent, that says otherwise. Until that happens, there are no set rules about who your child lives with, or who he or she spends time with. However, these unstructured scenarios can become contentious, and most separated parents will find it necessary to strike an agreement or have a court resolve their differences.

In that case, the court order or agreement may specify that it is your ex – rather than you – who is the parent with primary custody of the child you have together. It all hinges on your unique circumstances. In making its order, the court is guided by considering what is in the “best interests” of your child, and by the legal presumption that he or she will likely benefit from spending as much time as possible with each of you, even though you are separated. The court will aim to find a solution that balances all of these competing factors.

If your question pertains to a scenario where you are already designated the primary custodial parent by court order or agreement, and you have concerns that your ex will take your child for an access visit and will not return him or her, then this amounts to a breach of the court’s order. There are several court-related mechanisms that can be pursued in that scenario, and you should promptly consult an experienced family lawyer to get advice.

Selected answer as best
You are viewing 1 out of 1 answers, click here to view all answers.
The materials contained in this website are intended to provide general information and comment only and should not be relied or construed as legal advice or opinion. While we endeavor to keep the information on this web site as up to date, accurate and complete as reasonably possible, we do not warrant the completeness, timeliness or accuracy of anything contained in this web site. The application and impact of laws can vary widely, based on the specific facts involved. For any particular fact situation, we urge you to consult an experienced lawyer with any specific legal questions you may have. Your use of this website doe not constitute or create a lawyer-client relationship. Should you wish to retain our firm, kindly contact our office to set up a meeting with a lawyer.
Free Initial Consultation