Answers to pressing questions on Family Law Family Matters by John Syrtash 6. If the child is abducted to another Province, the same procedure can be followed i.e. obtain an emergency Custody Order with police enforcement and retain a lawyer in that Province to have it registered in its Court, with the enforcement of the local police. 7. If the child is abducted to a country that has a treaty with Canada for the return of abducted children, then your lawyer will begin enforcement by notifying a Province's office that processes such foreign abduction claims under the Hague Convention for the Civil Aspects of International Child Abduction. In Ontario you or your lawyer would contact the Ministry of the Attorney General, Central Authority for Ontario for the Civil Aspects of International Child Abduction, P.O. Box 600, Steeles West Post Office Toronto, ON M3J 0OK8. Tel.: 416-240-2411, Fax: 416-240-2411 It is also imperative to retain a competent family law lawyer with a great deal of experience in child abduction in both in your home province and in the foreign country where the child was taken. Legal fees for both in and outside of Canada together will cost between $25,000-$35,000. Be careful: any application under the Hague Convention must be filed within one year of the child abduction. 8. Where a child is abducted to a country that is not a member of the Hague Convention your lawyer will obtain an Order to return the child from a local Court and send a certified copy to a foreign lawyer who is highly competent to prosecute such claims in that country. You may be confronting a Foreign Court jealous of children who may have dual citizenship and you may even face corruption, especially in countries like Mexico. Japan and the Arab world. Solutions to Parental Child Abduction The following is a brief summary. For further information consult with Mr. Syrtash 1. Call the Police. Explain the urgency of the abduction and give as much information as needed. Amber alerts are now being made to every cell phone. The success rate has been very high in the jurisdictions where they are used, despite the loud complaints of being woken up in the middle of the night. 2. So, in what situations is an alert not issued involving children? It's common for the Police not to "get involved" if a domestic dispute has triggered the disappearance of a child, particularly when the parent knows where to find John Syrtash B. A. (Hon.), LL.B. Associate Garfin Zeidenberg LLP Family Lawyer & Mediator for 38 years Mr. Syrtash is Senior Family Law Associate to Garfin Zeidenberg LLP, celebrating 38 years as a Family Law lawyer this year. the child. 3. A parent left behind can apply to any family law Court in Canada on an emergency basis, and without notice to the other parent, for temporary custody, the child's return and police enforcement. 4. There is a danger of bringing such an emergency motion without notice. If the parent fails to recite facts that are embarrassing to the parent applying, then when a review of the "without notice" Order comes before the Court a few days later and it may set aside its' own Order, 5. If your child has been abducted into the United States there are special procedures. In Ontario, Judges can grant custody to a child and his/her return with police enforcement. The police of that State will then enforce the Order virtually anywhere in the United States by American law under something called the Uniform Child Custody Jurisdiction and Enforcement Act. Suite 800, 5255 Yonge Street (at Norton) just north of Mel Lastman Square, Civic Centre Subway station, Toronto, ON M5G 16. John Syrtash can be reached at (416) 642-5410, Cell (416) 886-0359. Visit www.freemychild.com; www.spousalsupport.com; www.garfinzeidenberg.com. Neither Garfin Zeidenberg LLP nor John Syrtash is liable for any consequences arising from anyone's reliance on this material, which is presented as general information and not as a legal opinion. Sponsored by the Community for Jewish Culture of B'Nai Brith Canada. Answers to pressing questions on Family Law Family Matters by John Syrtash 6. If the child is abducted to another Province, the same procedure can be followed i.e. obtain an emergency Custody Order with police enforcement and retain a lawyer in that Province to have it registered in its Court, with the enforcement of the local police. 7. If the child is abducted to a country that has a treaty with Canada for the return of abducted children, then your lawyer will begin enforcement by notifying a Province's office that processes such foreign abduction claims under the Hague Convention for the Civil Aspects of International Child Abduction. In Ontario you or your lawyer would contact the Ministry of the Attorney General, Central Authority for Ontario for the Civil Aspects of International Child Abduction, P.O. Box 600, Steeles West Post Office Toronto, ON M3J 0OK8. Tel.: 416-240-2411, Fax: 416-240-2411 It is also imperative to retain a competent family law lawyer with a great deal of experience in child abduction in both in your home province and in the foreign country where the child was taken. Legal fees for both in and outside of Canada together will cost between $25,000-$35,000. Be careful: any application under the Hague Convention must be filed within one year of the child abduction. 8. Where a child is abducted to a country that is not a member of the Hague Convention your lawyer will obtain an Order to return the child from a local Court and send a certified copy to a foreign lawyer who is highly competent to prosecute such claims in that country. You may be confronting a Foreign Court jealous of children who may have dual citizenship and you may even face corruption, especially in countries like Mexico. Japan and the Arab world. Solutions to Parental Child Abduction The following is a brief summary. For further information consult with Mr. Syrtash 1. Call the Police. Explain the urgency of the abduction and give as much information as needed. Amber alerts are now being made to every cell phone. The success rate has been very high in the jurisdictions where they are used, despite the loud complaints of being woken up in the middle of the night. 2. So, in what situations is an alert not issued involving children? It's common for the Police not to "get involved" if a domestic dispute has triggered the disappearance of a child, particularly when the parent knows where to find John Syrtash B. A. (Hon.), LL.B. Associate Garfin Zeidenberg LLP Family Lawyer & Mediator for 38 years Mr. Syrtash is Senior Family Law Associate to Garfin Zeidenberg LLP, celebrating 38 years as a Family Law lawyer this year. the child. 3. A parent left behind can apply to any family law Court in Canada on an emergency basis, and without notice to the other parent, for temporary custody, the child's return and police enforcement. 4. There is a danger of bringing such an emergency motion without notice. If the parent fails to recite facts that are embarrassing to the parent applying, then when a review of the "without notice" Order comes before the Court a few days later and it may set aside its' own Order, 5. If your child has been abducted into the United States there are special procedures. In Ontario, Judges can grant custody to a child and his/her return with police enforcement. The police of that State will then enforce the Order virtually anywhere in the United States by American law under something called the Uniform Child Custody Jurisdiction and Enforcement Act. Suite 800, 5255 Yonge Street (at Norton) just north of Mel Lastman Square, Civic Centre Subway station, Toronto, ON M5G 16. John Syrtash can be reached at (416) 642-5410, Cell (416) 886-0359. Visit www.freemychild.com; www.spousalsupport.com; www.garfinzeidenberg.com. Neither Garfin Zeidenberg LLP nor John Syrtash is liable for any consequences arising from anyone's reliance on this material, which is presented as general information and not as a legal opinion. Sponsored by the Community for Jewish Culture of B'Nai Brith Canada.