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Ministry of Justice

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:

  • 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
  • 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.