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Les articles sous cette rubrique sont de l’information générale et dans chaque situation, l’application et l’interprétation d’une loi, règlement ou situation factuelle peut diverger alors il est préférable de communiquer avec notre équipe pour obtenir plus d'information.

Separation: leaving without a word

8 August 2019

You and your spouse have been living together for many years and you now have 2 young children. After weeks of arguments and sleeping on the couch, you come back from work and find a note from your spouse telling you that she has left with the children and you will never see them again. Distraught, you consult a lawyer.

Such a situation occurs more often than one might think. The parent who leaves home feels justified in doing so, rightly or wrongly. They often invoke domestic violence or other reasons for shutting out the children from the other parent’s life.

The parent who does not see his children will usually have to be patient, because even before thinking of getting a court judgment, he will have to find his ex-spouse and children, which is not always easy. Person location services could then be useful.

The parent who has “run away” will often go to court before the other parent has managed to locate them. The legal process then begins, and the court must make all decisions in the best interests of the children. Such a case may take longer than an ordinary case and will generally be carried out in several stages. The court will want to initiate a gradual renewal of contact between the children and the parent from whom they were separated.

Contact us if you face such a situation, our lawyers will advise you and represent you.