The Federal Divorce Act regulates the custody of your child after a divorce. To know when can a mother move a child away from the father in Canada, read carefully till the end of the article. The law for that in Manitoba is more or less the same as the rest of Canada.
Understanding Child Custody
After a divorce, the parents can determine the custody of a child by reaching an agreement by themselves. Note this mutual agreement must be a formally written document and must be signed by both parties. In most cases, the court has to resolve the issues of any disagreement to determine child custody.
The custodial parent has the legal rights to choose the educational institute, religious choice, and decision on emergency and routine medical care and check-up.
Types of Custody
In Canada, there are two main types of custody of the child. They are sole custody and joint custody.
Sole custody means when one of the parents has full custody of a child. The parent with sole custody is called the custodial parent under the legal system. The child resides most of the time with the custodial parent.
Joint custody means both the parents have lawful authority to exercise custodial rights for the child. In a joint custody scenario, both the parent has to reach an agreement to take the major decision of the child until they reach the age of majority.
Other common types of custody are shared custody and split custody.
In normal cases, the court permits the non-custodial parents to visit the child occasionally. This permission is called access. The court provides this opportunity to make sure that the child has a better parenting experience.
Types of Access
There are various types of access ordered by the court. The most common types of access are narrated below.
One parent gets the guardianship of the child, and another is granted reasonable access. This allows access parent to talk with the custodian parent to reach an agreement regarding visits and other issues.
Fixed or Limited Access
You cannot visit or spend time with the child more often in a fixed or limited access. Usually, the court fixes the dates and duration.
If a court grants a graduated access schedule, the access parent initially has minimal contact with the child. Over the period, the number of visits and duration of stay extends gradually.
If the court suspects any child’s safety from access parent, they must not visit the child without legal supervision.
In some rare cases, the court does not provide any access to a parent. If you are a denied access parent, then you cannot visit the child.
Understanding When Can a Mother Move a Child Away from the Father in Canada?
In this scenario, the father of the child is the custodial parent. To take over guardianship, you as a mother must have minimum access. Generally, you cannot deprive the other parent of contacting the child.
To change the child’s custody, you have to hire a family lawyer then submit the necessary files to the court. If you can present acceptable reasons, you might have an opportunity to gain custody of the child. However, you might not get a total custodianship of the child.
What Do Courts take into consideration?
A Canadian court analyzes the following factors to determine legal custody of the child:
- The relationship of child and the parents
- Comparison of parenting abilities
- Overall health (mental, physical, and emotional health) of the parent
- Financial stability of each parent
- The secondary support system of each parent
- The child’s preference
- The legal status of the parents
Make sure you qualify these primary criteria to make a strong claim in court. In addition to these, you as a mother with the father is another crucial aspect that determines child custody.
The court has final authority to decide the child’s custody.
What if I leave the state with my child?
If your agreement does not clearly state this matter, you have to make a written agreement with the other parent.
If your travel by air, then you must inform and negotiate with the other parent.
If you move out of the state with the child without the other parent’s formally written agreement, they can take legal action against you. The court follows Federal Divorce Act to determine the consequence of this.
So if you are asking: can I move with my child without the father’s permission?
Then there is no definite answer. Your parenting access determines that. To be on the safe side of legal justification, it is better to get permission. Particularly if you are not the custodial parent.
Can I get in trouble for not letting my son’s father see him?
If the father has legal rights to visit and spend time with his son, you should not stop him. To do so, you have to get him status of denied access parent.
If you deprive him of his legal right to see the son, you might even lose child custody.
Never deliberately deprive your son of seeing his father. This is unlawful, and at the same time, this is not in the best interest of the child.
How to spend more time with your child as a mother?
As a mother, you can spend more time with the child simply applying to the court. It is always recommended and logical option to seek court intervention.
The court inherently tries to optimize the chances of a mother being the custodial parent of the child. However, due to financial or other issues, you might not get custody. But you can have access to visit the child.
If necessary, hire a lawyer to verify your chances of getting custody or extended parenting time.
Separation from a child can be mentally frustrating for a mother. At the same time, you have to be respectful to the legal system. So follow the due procedure to extend your legal rights.
To understand precisely when can a mother move a child away from his father, get a family lawyer.