Questions & Answers

Living arrangements for Children

Mother has child living with her and child (7years old) wants to live with father and there are no legal documents of custodial parent, can the father keep child with him until matters are settled in court, or could he face charges?

— Dianna H.

Answer

In Ontario, in the absence of court documents or an agreement, both parents have equal custodial rights to children. So the father can keep the child. If the mother wants the child back, she would have equal rights to do so that the father has to custody of the child. A tug of war is possible. So it is important to get this resolved. Book a consultation and get a written agreement in place or go to court. You don't want the child caught in the middle of a battle. The time with each parent needs to be resolved.

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