If you are the primary custodial parent, you can take your child away from the mother. But if you do not have the sole physical custody, taking your child away from the mother is not possible. Sometimes, it also can be considered as a criminal offense (i.e., parental kidnapping).
If your child has not court order of custody, the other parent wants, they can take your child away from you. But on the other hand, if you are divorced from your partner. And if your partner is the primary custodial parent of your child, it is not illegal for them to take the child away.
So how can a father take a child away from the mother legally? Keep reading for more.
Physical and legal custody
Whether a parent can take their child away from the other parent entirely depends on the custody order and rule. If you and your partner have shared physical custody, taking your child away can seem a little bit difficult. You can go through your custody order to figure out whether it is legal for you or not.
On the contrary, there is also legal custody. However, legal custody is far more different than physical custody. If a parent has sole physical custody, you may not take your child away from that parent. So, ultimately it will depend on whether you have sole physical custody or not.
When a parent has the sole physical custody
If you and your partner are unmarried and the court issues the child custody order, it will say who the child’s father is. This is how the court will establish the paternity.
Primary, if you guys are unmarried, there is no child custody order unless or until you guys go to court for a child custody order.
A child custody order will show whether you have sole physical custody or not. On the contrary, if you and your partner are married but divorced, the court may issue you a court order that gives you some physical custody.
When a parent does not have the sole physical custody
If you guys are married and if you guys have no custody order. Then, primarily both of you have the same shared custody of your child. And for shared custody, both parent needs to have the legal court order. In the shared custody, when it is time for parenting or visitation. The other parent must have to follow and obey all the parenting time order.
If somehow they fail to do so, it will be considered as a violation of the court’s custody order. In such cases, it also can be considered as criminal offenses (i.e., parental kidnapping, custodial interference). Even the consequences of violating the court order can be very serious for an individual.
Things to do if another parent kidnaps the child
Undoubtedly, no one has the right to kidnaps your child from you. No matter what, it will be considered a criminal offense. It is a crime for other parents if they take your child away or keep away from you. If the other parent does not have any sole physical custody, they have no right to do so.
After visitation or parenting, the other parent must have to return your child to you. Even if you guys have the shared custody, the other parent must obey the court’s parenting order time. But when the other parent keeps or takes away your child from you without your permission, there are few things that you can do;
Call and inform the police
If you find your child is missing or the other parent takes your child away from you, the first thing you need to do is to call the police as soon as possible. The police can help you out by finding your child. So try to file a case in the police station and seek help from them.
File a criminal charge against the other parent
The next thing you can do is; you can file a criminal charge against the other parent. In order to file a criminal complaint, you may need to go to your nearby district court. You can also call and seek help from a Lawyers’ office, such as a child custody lawyer in Regina.
Contact the national center for missing
If you are certain about your child’s missing, you can inform the national center for missing. You may need to fill up an application form providing all the necessary details. Then they may also help you to find your child and return to you.
File a complaint in the family court of Canada
The next thing you can do is to file a petition in the family court. Then the court will order the other parent to bring the child in the court. But you need to remember that the court does not have any form for this type of petition. You need to hire a family lawyer to assist you in this court procedure.
Inform U.S state department
If the other parent takes your child abroad, then you can contact and inform the state department. Sometimes, in such cases, you cannot do anything without the help of the U.S state department. So, contacting and informing the U.S. State Department is important in those cases.
The bottom line
Are you are still confused about can a father take a child away from the mother? You can go through the child custody order section from your local family court websites. If the opposite happens, for example, if you think the other parent will take your child away from you illegally,
you can contact the family court expert. If you need additional help or get stuck in those legal procedures, you can seek professional help. Hopefully, now you have known whether a Father can take a child away from the mother from this writing.