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Can I send my child to another province or country before parenting is decided?

Question
Can I send my child to another province or country before parenting is decided?
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CLEO (Community Legal Education Ontario / Éducation juridique communautaire Ontario)
Ministry of the Attorney General
Department of Justice

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Can I send my child to another province or country before parenting is decided?
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Reviewed: 
August 31, 2017
Answer

Until there is an agreement or court order about custody and access, you and your partner cannot make any major decisions about your child without the other's approval. This includes where your child lives.

If you send your child to live in another province or country with extended family while you decide on custody and access without your partner's agreement or a court order, your partner may call the police.

If your partner agrees to your child living in another province or country while you decide on custody and access, you can put what you've agreed on in an agreement.

If you think your child should live in another province or country while you decide on custody and access and your partner disagrees, you have to go to court and ask a judge for permission.

The judge uses a legal test called the best interests of the child to decide where your child lives. You need to convince the judge why it’s in your child's best interests to be sent somewhere else to live while you and your partner work out your issues.

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