Vancouver Surrey Child Non Removal Orders protect parents and children from losing contact with each other. In today’s blog, Fraser MacLean of MacLean Family Law explains how to take proactive steps to ensure your child is not improperly removed from Vancouver and British Columbia. Today, our top rated* Vancouver and Surrey BC family lawyers we answer the question: How do I get Vancouver Surrey Child Non Removal Orders?
It is little solace for a parent if a BC child is removed to a country that will not return the child- don’t take chances get an order in advance.
MacLean Law has 6 offices across BC and in Calgary to help you. We are a 4 time winner as Vancouver’s Top* Family Law Firm.
Vancouver Surrey Child Non Removal Orders 1-877-602-9900
The possibility of one parent taking the child or children to a different jurisdiction without warning can often come to mind for a separated spouse.
- A parent may have justifiable concerns that frequent travel may not be in the best interest of their child. There are also fears of the possibility of one spouse taking the children somewhere without warning for an extended period of time, or worse, taking the children to another jurisdiction and not returning them.
- Some jurisdictions will ignore international law to prevent child abduction.
- In other cases frequent removal – even when the child comes back -can interfere with a child’s education and development and Vancouver Surrey Child Non Removal Orders can be obtained in these cases too.
If this is a concern you have with your spouse or children this should be brought to the attention of one of our Vancouver child abduction lawyers right away.
For another great blog on the topic of Vancouver Surrey Non Removal orders read this blog by Fraser MacLean.
Vancouver Surrey Child Non Removal Orders – The FLA
Under section 64(1) of the Family Law Act (“FLA”) an application can be brought forward requesting that a parent or person not remove a child from a geographical area. S. 64(2) of the FLA allows the court to make the following additional orders if satisfied that a person may remove a child from British Columbia and is unlikely to return. Further, S. 64 of the FLA sets out:
Orders to prevent removal of child
64 (1)On application, a court may make an order that a person not remove a child from a specified geographical area.
(2)On application, if satisfied that a person proposes to remove a child from, and is unlikely to return the child to, British Columbia, the court may order the person who proposes to remove the child to do one or more of the following:
(a)give security in any form the court directs;
(b)surrender, to a person named by the court, passports and other travel records of the person who proposes to remove the child or of the child, or of both;
(c)transfer specific property to a trustee named by the court;
(d)if there is an agreement or order respecting child support, pay the child support to a trustee named by the court.
(3)This section does not apply in relation to the relocation of a child within the meaning of Division 6 [Relocation] of this Part.
(4)A person required by an order made under this section to hold passports, travel records or other property delivered under the order must do so in accordance with the directions set out in the order.
If you believe that a person will remove the child from British Columbia and is unlikely to return the child, our Vancouver Surrey Child Non Removal Orders explain that as set out above additional orders can be sought, including the posting of security (s. 64(2)(a)), the transfer of property or the payment of child support to a trustee (s. 64(2)(c), (d)), and the surrender of travel documents (s. 64(2)(b)).
Vancouver Surrey Child Non Removal Orders
In the case 2015 British Columbia decision of Law v. Cheng an order was made between the parents in October 2014 in regards to parenting time with their child. Neither party was to remove the child from the lower mainland. The mother ended up taking the child to Toronto for almost all of her parenting time. The court found that the mother was in breach of the October 2014 order. The trial judge found the following:
[15] Further, there is evidence before me which supports that the frequent travel and the time during which the travel occurs is not in the best interests of Jacob, that it is having an effect on him and on his health. I refer to emails from his daycare facility and a letter from the family physician.
[16] Accordingly, I grant the application. I find the respondent has wilfully disobeyed paragraph 5 of the Order of Justice Weatherill made October 31, 2014, by repeatedly removing Jacob from his permanent residence in the Lower Mainland without the written consent of the claimant and without a court order.
[17] I make an order pursuant to ss. 64(1), 222, and 227 of the Family Law Act that the respondent shall not remove Jacob from the Lower Mainland of British Columbia during her parenting time, except and upon the terms set out in the Notice of Application. I grant the orders sought under numbers 4, 5, 6 and 7 of the Notice of application. The relief claimed under numbers 8 and 9, I understand, were adjourned.
Vancouver Surrey Child Non Removal Orders – Call Us Early On
If you would like to have an application that your spouse not take a child outside of a BC geographical location, Fraser MacLean would be pleased to meet with you. Call him at 604-697-2820 today.
For more free information on the topic of preventing BC child abduction Read this.
