What Would Happen If The Parent Who Does Not Have Custody Were To Take The Child Away, Effectively Denying The Other Parent Custody?

Such an action is a serious offence under the Criminal Code. If such child were between 14 and 16 years of age, the parent who "kidnapped" such child would have committed an indictable offence punishable by up to 5 years in prison (S. 280). If the child were under 14 years, the maximum penalty for such offence is up to 10 years in prison (S. 281), but see Child Custody Enforcement, below.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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