Child Abduction and Custody Issues – Emergency Assistance For Canadians Travelling Outside Canada

Child abduction and custody issues

Canadian officials abroad work closely with local authorities to advocate for the safety, protection and well-being of Canadian children overseas. They also seek the cooperation of provincial and territorial child welfare authorities to ensure that children are protected from harm. If a Canadian child overseas is a victim of sexual assault, neglect, physical violence or abuse, you are encouraged to report it to the nearest Canadian government office abroad of from Canada to the Emergency Watch and Response Centre.

Canadian officials abroad can also take emergency measures on behalf of Canadian children facing the threat of being, or forced into, marriage abroad, requesting protection from local social services, if required. For more information, please visit The Government of Canada’s Forced marriage web page.

Prevent parental abduction

International parental child abductions and custody cases involving Canadian children in foreign countries are on the rise. If you or your partner are planning to travel to another country with your child and there is a possibility that a custody dispute might develop:

  • Talk to a lawyer before the child leaves home. Confirm that your custody agreement permits the child to travel internationally.
  • Immigration authorities in a country other than Canada may ask to see a consent letter when a child enters or leaves that country with only one parent or without any parent. Ensure that the person with the legal right to travel with your children has a consent letter completed and signed by the parent(s) or legal guardian.
  • If you are concerned that an unauthorized passport application may be made on your child’s behalf, you may ask Passport Canada to add your child’s name to Passport Canada’s System Lookout List.
  • Be sure to carry proper identification for you and each child accompanying you to help prove your citizenship, residency and custodial rights when travelling abroad and returning to Canada.
  • Consult The Government of Canada’s publications Travelling with Children and International Child Abduction: a Guidebook for Left-Behind Parents.
  • Visit The Government of Canada’s Children and travel web page for more tips on how to travel safely with your child.

International recognition of Canadian custody orders

Your Canadian child custody order may not be automatically recognized in the country to which your child could be abducted. In extreme cases, you or your child may not be allowed to leave the country once you have arrived. Confirm your status and that of your child with the country’s embassy or consulate in Canada before you travel.

If a custody dispute arises while your child is abroad, or if your child or a child you know is missing and may have been abducted, contact the Case Management Division of Global Affairs Canada toll-free through the Emergency Watch and Response Centre. Consult our publication International Child Abduction: A Guidebook for Left-Behind Parentsfor further information.

If you have child abduction or custody issues abroad, Canadian officials can:

  • provide information on a country’s legal system with respect to family law and local customs
  • advise a parent or guardian to seek private legal advice and provide a list of local lawyers
  • provide lists of other local professionals, such as family counsellors and social workers, as well as information on resources and avenues to help resolve cases involving children and family
  • request assistance from local authorities to conduct visits to assess a child’s health, safety, living conditions, schooling and general well-being, with the consent of a parent or guardian
  • respond to inquiries regarding the purpose, composition and certification of a consent letter for children travelling abroad
  • if there are concerns that an unauthorized passport application may be made on the child’s behalf, advise the parent or guardian on how to request the child’s information be entered in Passport Canada’s System Lookout List.
  • liaise with local and Canadian authorities, such as law enforcement agencies, social services, non-governmental organizations and Central authorities responsible for the Hague Convention.

Canadian government officials abroad cannot:

  • intervene in private legal matters
  • apply or violate foreign laws
  • provide legal advice or interfere in the legal process of another country
  • act as a custodian or legal guardian of a missing or abducted child
  • take procedural steps towards enforcement of a Canadian custody agreement overseas
  • compel another country to make a specific determination in a custody case
  • provide financial assistance to pay bills such as legal, travel, accommodation or other expenses
  • act as a law enforcement agency to locate a missing Canadian child

The RCMP’s Canadian Police Centre for Missing and Exploited Children maintains a website, Canada’s Missing, that contains a database of missing and abducted children. Once a child has been located, the Travel/Reunification program is designed to assist a parent or legal guardian who cannot afford to return the abducted child to or within Canada.

The Federal Income Support for Parents of Murdered or Missing Children is an income support grant delivered by Service Canada. PMMC is available to eligible applicants who have suffered a loss of income as a result of taking time away from work to cope with the death or disappearance of their child or children as the result of a probable Criminal Code offence which occurred in Canada.

Sexual exploitation of foreign children

Some Canadians travel abroad for the purpose of sexually exploiting foreign children. This practice is known as “child sex tourism”. Such travellers take advantage of the poverty and powerlessness of children in foreign countries, expecting to exploit weaknesses in law enforcement. For more information on the sexual exploitation of foreign children, see The Government of Canada’s publication Child Sex Tourism: It’s a Crime.

source: travel.gc.ca

Arrest and Detention – Emergency Assistance For Canadians Travelling Outside Canada

Arrest and detention

If you are arrested or detained in another country, you should clearly inform the arresting authorities that you want them to immediately notify the nearest Canadian government office abroad of your arrest.

In countries that are party to the Vienna Convention on Consular Relations (176 States Parties as of 2013), the arresting authorities are obliged to advise you of your right to access consular representation and to arrange for this access. They are not required to inform a Canadian government office of your detention or arrest unless you specifically ask them to do so.

Consular officials will not arrange your release from prison. You are subject to the criminal justice system of the country where you are arrested and imprisoned.

Arrested or detained abroad

If a Canadian citizen is arrested and detained abroad, Canadian officials abroad can:

  • ask the appropriate authorities for immediate and regular access to you
  • at your request, notify your family or friends of the situation and let them know how they can help
  • help you communicate with a representative, family or friends if direct communication is not possible or the need is urgent
  • contact your relatives or friends on your behalf to request funds
  • recommend that you hire a lawyer and approach family, friends or a local legal aid society if you can’t afford to pay
  • provide an up-to-date and accurate list of local lawyers and legal translation service providers
  • provide you and your family with general information on the local legal and prison system and approximate times for court actions
  • obtain information about the status of your case and encourage authorities to process it without undue delay
  • advocate for your fair and equal treatment under local laws
  • advocate to ensure that your health and well-being are protected, including basic nutrition, medical and dental care 
  • transmit concerns through official channels about any treatment that could affect your health and well-being to local officials and prison representatives
  • arrange for the purchase, at your expense, and if permitted, of necessary food supplements, essential clothing and other basic items not available through the prison system
  • deliver letters and permitted reading material if normal postal services are unavailable
  • undertake clemency intervention if you are charged or convicted of a crime punishable by death 
  • inform you of transfer of offender options – either by treaty or by administrative arrangement with the country where you are imprisoned – that may allow you to serve your sentence in a Canadian prison and provide you with the documents to apply for a transfer if you are eligible
Canadian officials abroad cannot:
  • get you out of jail
  • post bail, pay lawyers’ fees, or pay fines
  • try to obtain preferential treatment for you or exempt you from the due process of local law
  • provide legal advice, interpret local laws and interfere in legal matters, criminal defence cases or judicial affairs in another country
  • recommend lawyers or guarantee their reliability or competence in the matter at hand
  • become involved in matters between you and your lawyer
  • investigate a crime or death or intervene in a local police investigation
  • forward or deliver parcels entering or leaving the country, or clear them through customs
  • bypass prison rules on what can and cannot be brought into or taken out of the detention facility
  • make travel or accommodation arrangements for your family or friends

The Government of Canada cannot intervene in ongoing legal proceedings in other countries or regions unless it is requested to do so by local authorities. These requests are rare. The procedures required in legal proceedings or police investigations may be different from the procedures in the Canadian legal system. If you are involved in these proceedings, you may face long delays in the effort to resolve your case.

If your international human rights are known to have been violated, the Government of Canada may take steps to pressure the foreign authorities to abide by their international human rights obligations and provide basic minimum standards of protection.

While having dual citizenship is legal in Canada, it may not be legal or recognized in the country of your second nationality, which could limit the ability of the Government of Canada to assist you if you are arrested in that country. You should still request access to Canadian consular officials, who aim to assist all Canadian passport holders.

Contact the appropriate foreign government office in Canada to address these issues before you go abroad.

source: travel.gc.ca

Embassy of Canada, Brussels Belgium

Embassy of Canada, Brussels Belgium
Avenue des Arts 58, 1000
Brussels, Belgium
Telephone32 (2) 741-0611
Fax32 (2) 741-0619
Email: [email protected]
Web: www.belgium.gc.ca
Services: Passport Services Available
Twitter: @CanEmbBeLux

Emergency Services, Belgium
Dial 112 for emergency assistance.

For emergency consular assistance, call the Embassy of Canada in Brussels and follow the instructions. At any time, you may also contact the Emergency Watch and Response Centre in Ottawa.

Embassy of Canada, Vienna Austria

Embassy of Canada, Vienna Austria
Laurenzenberg 2, A-1010
Vienna, Austria
Telephone43 (1) 531-38-3000
Fax43 (1) 531-38-3910
Email: [email protected]
Web: www.austria.gc.ca
ServicesPassport Services Available
Facebook Embassy of Canada to Austria
Twitter @CanAmbAustria

For emergency consular assistance, call the Canadian embassy in Vienna and follow the instructions.

Emergency Numbers – Austria
Dial 112 for general emergency assistance, or:

  • 144 for ambulance
  • 133 for police
  • 122 for firefighters

Car Help Canada

Car Help Canada is a non-profit organization. Popular services for consumers include personalized counselling and dealership discounts when shopping for a new car.

Lobbying the Government on behalf of consumers.

Consumer Advocacy.

Telephone: 416-651-0555
Email[email protected]
Websitewww.carhelpcanada.com

Bureau d’information en consommation Quebec

Bureau d’information en consommation
Suite 2208, Pavillon Maurice-Pollack
Sainte-Foy, Quebec  G1K 7P4
Telephone: 418-656-2131, ext. 3548
Email[email protected]

Canadian Toy Testing Council Ontario

Canadian Toy Testing Council
1973 Baseline Road Ottawa, Ontario  K2C 0C7
Telephone: 613-228-3242 Fax: 613-228-3155
Websitewww.toy-testing.org

Carrefour d’entraide Drummond Inc. Quebec

Carrefour d’entraide Drummond Inc.
Suite 308, 255 Brock Street Drummondville, Quebec  J2C 1M5
Telephone: 819-477-8105 Fax: 819-477-7012
Email[email protected]
Websitewww.cdcdrummond.com

Centre d’intervention budgétaire et sociale de la Mauricie Quebec

Centre d’intervention budgétaire et sociale de la Mauricie
274 Bureau Street
Trois-Rivières, Quebec  G9A 2M7
Telephone: 819-378-7888 Fax: 819-376-6351
Email[email protected]
Websitewww.consommateur.qc.ca/acef-mau/index.htm

Club populaire des consommateurs de Pointe Saint-Charles Quebec

Club populaire des consommateurs de Pointe Saint-Charles
Suite 30, 1945 Mullins Street
Montréal, Quebec  H3K 1N9
Telephone: 514-932-5088 Fax: 514-932-7557
Email[email protected]