Contents

Government

Ministry of Justice

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.)

  • If you or your children are in immediate danger, call the police right away.
  • 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.
  • 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.
  • 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 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 (no area code needed). This is a toll-free service. To use the telephone device for the deaf, dial 1 866 660-0505.