Canada needs better laws and policies to protect our children from international abduction by Transnational Spouses

I was able to prevent my husband from taking my children to Iran but government policies added additional risk for the system to allow my husband, a Transnational Spouse, to take my children to Iran. When I appealed to the BC Ministry of Children and Family Development for counselling for my son to deal with all the loss and trauma we had incurred over the years the MCFD removed my children from my care and attempted to contact my husband to notify him of their actions. I was mortified. Click on the links below to learn more or read excerpts below.

 

CHILD, FAMILY AND COMMUNITY SERVICE ACT

[RSBC 1996] CHAPTER 46, pdf file

Parents to be notified of child’s removal

31   (1)A director who removes a child must promptly make all reasonable efforts to notify each parent of the child’s removal.

(2)The notice must if practicable be in writing and must include a statement of the reasons for removing the child.

 

Family Maintenance Services, pdf file

Case and Risk Assessment

September 1, 2015

Once referred for family maintenance services, clients can expect the ministry legal representative to review the family maintenance criteria and inquire about the applicant’s family status and whether the applicant has any safety concerns before making contact with the respondent to pursue maintenance. Safety concerns are identified as behaviours that may lead to harm or that cause or have caused harm to one or more of the parties.

Family maintenance service includes a safety assessment.  When no safety concerns are evident the ministry legal representative proceeds with appropriate maintenance action.

When the ministry legal representative does not want to proceed due to high risk, family maintenance services are discontinued and the assignment is terminated.

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