Abduction does not only contemplate situations in which a child is taken and relocated to a country outside of Canada as there are also instances of inter-provincial parental abduction. Fortunately, there exists explicit legislation, both federal and provincial, that regulates parental child abduction within Canada.
If your child has been wrongfully abducted by your former spouse/partner (or you fear that your child will be abducted) and taken to a province outside of Ontario then you should read the following article which will explain the available courses of action that you may take as well as the relevant pieces of legislation.
If you and your spouse are in the process of getting a divorce, or have already been granted one, then the applicable Act is the Divorce Act, R.S.C. 1985, c. 3. If you have obtained a custody order then pursuant to s. 20(2)-(3) it has legal effect throughout Canada and, once registered, is enforceable in any province. Therefore, if the order specifies that the child is not to be removed from the jurisdiction then enforcement of the order will typically entail the return of your child. You should always endeavor to contact the police who may provide assistance to you, as well as a family lawyer who can educate and advise you with regards to the relevant laws and the procedure to be followed.
If you do not have a custody order in place and rather have reached an informal agreement that is unenforceable by the court then you should apply for an order for custody pursuant to s. 16(1) of the Act.1More specifically, you should request that the court award you sole custody and include in the order a condition stipulating that the child is not to be removed from the jurisdiction without your express consent.2 Once the order is granted by the court then it has legal effect throughout Canada and becomes enforceable in all provinces in which it is registered.3 Therefore the next step, to effect the return of your child, would be to register the order in the province to which he or she has been taken. If, on the other hand, you are an access parent4 then s. 16(7) aims to protect your rights and curb the potential abduction of your child by the custodial parent.