If the other parent is absent, you have rights. This free guide explains your options and common next steps — in plain language, step by step, for your province.
No account, no cost, no lawyer needed to get started.
Province, relationship status, where the other parent is, whether you have a court order, and what matters most to you right now.
Based on your answers, we show you common steps people in similar situations consider — which courts, which processes, which protections may apply.
Your guide includes free legal resources specific to your province — legal aid, duty counsel, and government services.
You do not need a law degree. Here are the key things every single parent in Canada should know.
Custody is about who makes big decisions — school, health, religion. Where your child lives is called "primary residence." You can have both, or just primary residence. Courts make decisions based on the best interests of the child, not who files first.
If you were married, the federal Divorce Act applies. If not, your province's family law applies. Either way, absent parent cases are handled the same: the court focuses only on your child's best interests.
In many cases, you can apply without the other parent's agreement, presence, or cooperation. You file an application, the court is notified, and a judge decides. If the other parent cannot be found, the court may allow the case to proceed using special procedures.
Even if the other parent has completely disappeared, they still have a legal financial obligation. Child support is set by federal guidelines. If their income is unknown, the court may estimate or "impute" income. Enforcement offices collect on your behalf.
This adds urgency. Getting a court order with a no-removal clause may be an important step in some situations. Speak with a family lawyer if the other parent is abroad.
Canadian courts have a process called "substituted service" or "dispensation of service." You may still be able to proceed even if the other parent cannot be found, depending on the court's requirements.
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