If the other parent is absent, you have rights. This free guide shows you exactly what to do — in plain language, step by step, for your province.
Every situation is different. Tell us about yours and we will show you precisely what to do — which court, which forms, which protections matter most for your child.
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This guide is for any parent who is raising their child alone while the other parent is absent — whether they are in another city, another country, or simply not involved.
We will walk you through what the law says and what you need to do to formally protect your child's life with you.
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 look at what is best for your child, not who files first.
If you were married, the federal Divorce Act applies. If not, your province's family law applies — like Ontario's Children's Law Reform Act. Either way, absent parent cases are handled the same: the court focuses only on your child's best interests.
You do not need the other parent to agree, show up, or cooperate. You file an application, the court is notified, and a judge decides. If the other parent cannot be found, there is a legal process to proceed without them.
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 can estimate it. Enforcement offices collect on your behalf.
This adds urgency. If the other parent returns to Canada and takes your child abroad, it can become an international abduction case that is very hard to reverse. Getting a court order with a no-removal clause now is the most important step you can take.
Canadian courts have a process called "substituted service" or "dispensation of service." It allows you to proceed with your court application even when the other parent cannot be located. You do not need to find them to get a court order.
Legal documents use specific language. Here is what the key terms actually mean.
You do not have to hire a lawyer to get a parenting order. These free services can help you — in every province.
A free lawyer at the courthouse who can give you advice and help you on the day of your hearing. Ask at the front desk when you arrive.
Plain-language guides on family law for every province. Covers parenting orders, child support, and more.
stepstojustice.ca →Federal government resource explaining the Divorce Act, child support guidelines, and parenting arrangements.
justice.gc.ca →